EFCC Files Notice Of Appeal, Asks Court To Void Dudafa’ Acquittal
Dissatisfied with the judgement of a Federal High Court in Lagos which freed a former Special Senior Assistant to ex-President Goodluck Jonathan on Domestic Affairs, Waripamo-Owei Dudafa and a banker, Joseph Iwuejo of a N1.6 billion fraud, the Economic and Financial Crimes Commission (EFCC) has formally filed its notice of appeal challenging the verdict.
In the notice of appeal filed by the anti-graft agency before the Lagos Division of the Court of Appeal in pursuant to Section 241 (1) (a) of the 1999 Constitution, is premised on nine grounds of appeal.
The EFCC listed the Federal Republic of Nigeria as the appellant and Dudafa and Iwejuo as respondents.
Justice Mohammed Idris had in his judgement delivered on Thursday held that the Commission failed woefully to prove its case against the defendants beyond reasonable doubt.
Justice Idris, in the 190 pages judgment, held in his conclusion that the EFCC failed to call vital witnesses, who could have helped to prove its case and cause him to reach a different verdict.
He listed the vital witnesses as: ex-President Jonathan, one Somprei Omeibi, the Central Bank of Nigeria Governor, the Anglican Church and ex-National Security Adviser, Sambo Dasuki.
He said, “Criminal allegations, by the strict dictates of our law, is proved and decided upon proof beyond reasonable doubt. Suspicions and conjectures have no place at all in our criminal jurisprudence.
“It is clear upon the facts before this Court that the Prosecution failed to have this case conclusively investigated before opting to bring this Charge against the Defendants, apparently on suspicion and conjectures.
“In other words, the Prosecution traded in-depth and conclusive investigation of an alleged crime for suspicions and conjectures in arraigning the Defendants before this Court for the offences alleged.
In the first ground of appeal, the EFCC counsel, Rotimi Oyedepo says the trial judge, Justice Idris erred in law by discharging and acquitting the respondents on counts of conspiracy.
In the particulars of the notice, Justice Idris was said to have failed to bind himself with the age long principle of law which provides that conspiracy is complete upon agreement.
Dudafa and Iwejuo in their defence had both stated that they did not know each other until the time of their arrest. But the EFCC says following the age long principle, it is settled in law that once a conspiracy has come into existence other conspirators may join in at a later stage and it is not necessary for the conspirators to know themselves or the full extent of the scheme to which a conspirator has joined himself.
The Commission also says that the judge also departed from the settled position of law that, “confession alone is sufficient to support a conviction without corroboration so long as the court is satisfied of the truth of the confession”.
Justice Idris was said to have failed to consider and ascribe any probative value to any of the evidence adduced by the two respondents establishing a meeting of the mind, which constitutes the conspiracy to carry out the unlawful act of concealing proceeds of crime.
The EFCC is therefore seeking an order of the court convicting the respondents as charged and sentencing them as prescribed by the Money Laundering Prohibition Act 2011 as amended and the EFCC Act of 2004.
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