N450m Scam: Court Declines To Hear SAN Application Seeking To Quash Charges
Justice Mohammed Aikawa of a Federal High Court in Lagos yesterday declined to hear an application filed by a former governorship candidate of the Peoples Democratic Party (PDP) Dele Belgore (SAN), seeking to quash the corruption charge filed against him by the Economic and Financial Crimes Commission (EFCC).
Justice Aikawa while ruling on a motion moved by Belgore’s counsel, Ebun Shofunde seeking to compel the court to hear the application on Tuesday held that the application is not yet ripe for hearing and that cannot stall the continuation of the defendants’ trial.
Belgore and a former Minister of National Planning during President Goodluck Jonathan’s Administration, Professor Abubakar Sulaiman, Ayanlaja (SAN) were arraigned before the court by the EFCC on a five count charge of conspiracy and money laundering.
The EFCC had alleged in charges that former Minister of Petroleum Resources, Diezani Alison-Madueke conspired with the two defendants on or about March 27, 2015, to directly take possession of the sum of N450 million, which they reasonably ought to have known forms part of proceeds of unlawful act.
The trio were also alleged to have taken the said funds in cash, which exceeded the amount authorized by law, without going through the financial institutions.
Belgore and Sulaiman were also alleged to have paid the sum of N50 million to one Sheriff Shagaya, without going through the banks.
The offences according to the prosecutor, Mr. Oyedepo, are contrary to Sections 18(a)15(2)(d),1(a), 16(d) and punishable under sections 15(3) and 4, 16 (2)(b), and 16(d) of the Money Laundering (Prohibition) (Amendment) Act, 2012.
Both Belgore and Sulaiman once again pleaded not guilty to the charge.
At the resumed hearing of the matter on Tuesday, Belgore’s counsel, Shofunde informed the court that he has filed an application seeking to terminate further proceedings in the matter.
He premised the application on the failure of the prosecution to file necessary documents needed to commence proceedings.
The silk added that copies of the application have been served on other parties in the matter.
In his response, EFCC’s lawyer, Rotimi Oyedepo, raised objection to the application saying it was filed to arrest the day’s proceedings.
He said: “I urged the court to instantaneously strike out the application. We were just served with a copy this morning around 9.15am. The application was filed under the practice direction of the court.
“The same practice direction forbids a party from serving a motion on another party on the day the matter was slated for hearing.
“If they are challenging the validity of the charge on the ground that there was no affidavit, then, they should abide by what the practice direction said. The application should not stall today’s proceedings”.
He also noted that though Section 396 (2) of the Administration of Criminal Justice Act (ACJA) allows the defendant to raise objections to the charge after it was read, the court can only give any ruling after the conclusion of trial.
Shofunde while faulting Oyedepo’s submissions said the thrust of the application is jurisdiction with respect to the court’s practice direction.
According to him, the application has nothing to do with Section 396 (2) of the ACJA.
After listening to the submissions of both lawyers, Justice Aikawa held that the ACJA is the supreme legislation regarding criminal trials and that the court will continue to be guided by its provisions regardless of the law under which the defence application was brought.
The court further held that the application is not yet ripe for hearing and that its filing should not stall the continuation of the defendants’ trial.
On resumption of trial, Shofunde concluded the cross-examination of the first prosecution witness, Timothy Olaobaju.
The witness statement to the EFCC was also admitted as exhibit by the court following its tendering as an exhibit by the silk.
Justice Aikawa had adjourned the case till May 31 for further hearing.
