The Economic and Financial Crimes Commission, EFCC on Tuesday successfully secured the conviction of Agumandu Christopher Nnamdi, before Justice F.N Yunusa of the Federal High Court Enugu, Enugu on one count charge bordering on Money Laundering.
The convict was arrested by a team of Presidential Trans-border Task force of the Nigeria Customs Service on the 5th September, 2015 at the Akanu Ibiam International Airport Enugu for falsely declaring the sum of $9,500.00(Nine Thousand, Five Hundred United State Dollars) out of the total sum of $51,000.00 (Fifty One Thousand United State Dollars) on his way to China on an alleged business trip, an offence contrary to the Foreign Exchange (Monitoring and Miscellaneous) Act, Cap F34 Laws of the Federation of Nigeria, 2012.
He was subsequently handed over to the Commission for prosecution. The count reads:
“That you Agunmandu Christopher Nnamdi on the 5th of September, 2015 at the Akanu Ibiam International Airport, Enugu within the Jurisdiction of the Federal High Court of Nigeria, Enugu Judicial Division while transporting in cash the sum of $51,000(Fifty One Thousand US dollars)only from Nigeria to China, falsely declared to the Nigerian Customs Service the sum of $9,500(Nine Thousand Five Hundred Dollars)only, instead of the sum of $51,000(Fifty One Thousand US dollars) as required under section 12 of the Foreign Exchange(Monitoring and Miscellaneous) Act, Cap F34 Laws of the Federation of Nigeria,2004 and thereby committed an offense punishable under Section 2(5) of the Money Laundering Prohibition Act,2011 as amended by Section 2 of the Money Laundering Prohibition (Amendment) Act, 2012”.
The prosecuting counsel R.E Ajobiewe told the Court that the accused person has entered a plea bargain agreement in line with Section 272 of the Administration of Criminal Act and applied that the Court adopt the plea bargain agreement.
The lead defense counsel, A.O.K Agbawo however prayed the Court to tamper justice with mercy adding that the accused is a hardworking young man and the said money was legitimately earned. He further applied that the accused person’s passport and the said money be returned to him.
The Court however found the accused person guilty, dismissed the application of the defense counsel and ordered that the undeclared sum of money totaling $41,000USD be forfeited to the Federal Government.
Meanwhile, at the resumed trial of a former Chief of Defence Staff, CDS, Air Chief Marshal Alex S. Badeh, on Tuesday, May 24, 2016 the fourth prosecution witness, PW4, Mustapha Yerima gaveJustice Okon E. Abang of the FederalHigh Court Abuja a blow-by-blow account of how he was paid the sum of N108million through Badeh’s company, Vetivo Nigeria Limited.
Yerima whose testimony started yesterday stated that, the process of the payment came through a third party.
According to Yerima,” the payment that came through a third party is as a result of the meeting between myself, Air Comodore Yushau (a retired Air Commodore and former director of finance and account) and Badeh. This was prior to my meeting with AirCommodore Yushau and Barrister Timothy Muje. At the meeting, Yushau introduced Timothy to me as the lawyer to Air Chief Marshall Badeh since he (Yushau) was retiring. He said I should transfer all the necessary documents to the lawyer (Timothy).’’
He stated that, “Yushau came to the said meeting with prepared Deed ofAssignment and Power of Attorney with his company’s name and another document transfering the title from Ryte Builders to Edile Construction Company. He was given a copy to sign and he did. He said he handed over to Timothy, the original Certificate of Occupancy, C of O, and the Deed ofAssignment.”
After the tranfer of the documents, Yerima claimed that he recieved the sum of N108 million.
’’I recieved an alert from one Vetivo Nigerian Limited. I called Badeh andhe confirmed that Vetivo NigeriaLimited was his and he instructed that the money be paid into my company’s account”, Yerima revealed.
He further narrated how Badeh out of fear changed his mind from the property that he earlier wanted to acquire for the construction of his shopping mall at Aminu Kano Crescent and opted for the one located at the Wuse 2 District of Abuja.
According to Yerima, when the transactions were no longer clear to him, and he was denied access to thePower of Attorney he had earlier given to Badeh and his men, he became agitated and decided to tell the EFCC all that he knew about Badeh and the property he acquired which costs about N1.8billion including the land.
’’I was confronted with some chilling evidences, so many documents like the copies of drawings, list of quantity survey, statement of accounts and so many other documents related to the account including e-mail correspondences. At that point, I had nothing to say, but to tell the EFCC exactly the way things happened”, Yerima said.
The PW4, also narrated how the Nigerian Airforce Conference Centre was constructed.
He said,”the Nigerian Air Force Conference Centre was constucted in the name of Edile Construction Company. The company operates separate accounts and all paymets for the construction of the ConferenceCentre go to the company’s account in UBA, Keystone and StanbicIBTC bank.”
He added that, all payments made to Ryte Builders in respect of the mall were made to Ryte’s Builders account with Zenith bank.
At this point, the prosecution counsel, Rotimi Jacobs, SAN told the court that he discovered just yesterday that the witness made additional statement which he had served on the first and second defense counsels.
Badeh’s counsel, Akin Olujimi, SAN,said, ”for me to be able to cross examine the witness, I will have to digest this additional proof to see how it affects our understanding of the prosecution.”
Counsel to the second defendant, S. T. Ologunorisa, SAN, also aligned himself with Olujimi’s position.
Consequently, Justice Abangadjourned to June 14, 15 and 16, 2016for further hearing.
Badeh, while being the CDS, among other things allegedly abused his office between January and December, 2013. He allegedly used dollar equivalent of the sum of N1.4billion (One Billion, One Hundred Million Naira) removed from the accounts of the Nigerian Air Force to purchase properties in choice areas of Abuja.
The offence is in contravention of Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15(3) of the same Act.