Fani-Kayode Loses Bid To Move Trial Over N4.9bn Fraud From Lagos To Abuja
The bid by a former Minister of Aviation, Chief Femi Fani-Kayode, to get a Federal High Court in Lagos to transfer his ongoing trial over an alleged N4.9 billion fraud from Lagos to Abuja was Tuesday rejected by Justice Rilwan Aikawa.
Justice Aikawa, while dismissing the application filed by Fani-Kayode, assumed jurisdiction over the matter stating that the application seeking the transfer lacked merit.
The judge also over ruled the arguments made by the former minister’s counsel, Norrison Quakers (SAN), that the cause of action leading to the case took place in Abuja.
Instead, he held that parts of the alleged illegal transactions by Fani-Kayode leading to the charge took place in Lagos.
The Economic and Financial Crimes Commission (EFCC) re-arraigned Fani-Kayode and Senator Nenadi Usman and one Danjuma Yusuf and a company, Joint Trust Dimensions Limited before Justice Mohammed Aikawa on a 17 count charge of conspiracy, unlawful retention of proceeds of theft and money laundering.
According to the EFCC, the accused persons on or before January 2015, unlawfully retained the total sum of N4.6 billion, which they knew was proceed from an unlawful act.
While Usman, former Minister of Finance, under president Goodluck Jonathan’s Administration, Danjuma Yusuf and Jointrust Dimentions Nigeria Limited retained the sum of N1.5 billion, Fani-kayode and Olubode Oke, said to be at large, were accused of retaining the total sum of N1,650,650 billion.
The accused persons were also alleged to have made payment of several amounts running into billions of Naira without going through Financial institutions.
The offence, which was allegedly committed between January 2015 and March 2015 is contrary to Section 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 15(3) & 4 of the same Act.
They pleaded not guilty to the charge.
At the last sitting of the court, Quakers had argued that the facts of the case showed that all the transactions carried out by the accused while serving as Director of Media and Publicity of the Goodluck Jonathan Campaign Organisation, took place in Abuja.
He argued that the accused resides in Abuja and had another trial ongoing at the Federal High Court in Abuja.
But counsel to the EFCC, Rotimi Oyedepo had urged the court to refuse the application, on the grounds that the transactions as well as cheques and receipts in furtherance of same, were done in Lagos.
He urged the court to dismiss the application for transfer as a mere waste of time.
In his ruling on Tuesday, Justice Aikawa held that some of the authorities cited by defence counsel, were delivered before the enactment of the Administration of Criminal Justice Act, 2015, which he noted had provided exceptions to the issues of venue of court.
The judge also held that, “In the case before me, the prosecution avers in its counter affidavit that “the sum of N30 million was paid to PW1 (Olusegun Idowu) of Paste Posters Company Ltd, who has his office in Lagos”.
“This, in my view, shows that all facts leading to the transaction was done in Lagos, and only evidence will prove otherwise.
“In the light of all these, it is clear that the facts and circumstances of this case falls into the exceptions of the law regarding criminal trials.
“There is no justification to warrant a transfer of this case to Abuja; the interest of justice requires that the trial of this case continues in this court.
“This application hereby fails and is accordingly dismissed,” he said.
Justice Aikawa, on an objection raised by defence counsel on the last adjourned date, challenging the tendering of photocopies of payment receipts by PW1, who had began his evidence on June 7.
Aikawa held that it was not the business of the court to concern itself with whether a document is original, so long as the document sought to be tendered, is duly certified.
The court accordingly, dismissed the objections, admitted the receipts in evidence and marked same as exhibits 3 and 3A respectively.
After the rulings, the court then called on prosecution to continue with the examination of his first witness.
Led in continuation of his evidence before the court, Oyedepo asked PW1(Idowu):
“You told the court that you printed some posters, now take a look at exhibit 3 and tell the court if that is the payment receipt,”
In response, the witness echoed “yes” and added that the amount on the receipt was N6million which payment was made to him in cash, and in the name of “Directorate of Media and Publicity, PDP Campaign Organisation”.
The witness added that on same day, the sum of N30million was also remitted to him in cash in the name of same Directorate.
After the conclusion of his testimony, the prosecutor informed the court that he was done with examination in chief of his first witness.
Meanwhile, defence counsel, (Quakers) urged the court to grant an adjournment to enable him study the exhibits and prepare his cross examination.
The judge, based on the request, adjourned the case till September 27 for cross examination and continuation of trial.
