* Agency declares application abuse of court
process
The Economic and Financial Crimes Commission (EFCC) has urged the
Federal High Court in Lagos to refuse an application by four
companies praying to reverse their guilty plea to laundering
$15,591,700 .
In its counter-affidavit deposed to by an investigating officer
Musbhau Yahaya, the commission said the application was an abuse of
court process, and that the judge cannot be asked to overrule
himself.
The companies are praying for an order setting aside their
conviction by Justice Babs Kuewumi on November 2, 2016 after they
pleaded guilty through their representatives.
According to them, their trial and conviction were done “in
gross violation of their right to fair hearing”.
The companies, in the application filed on their behalf by Chief
Mike Ozekhome (SAN), said their conviction “occasioned miscarriage
of justice” to them.
EFCC, in the counter-affidavit, alleged that a former Special
Adviser on Domestic Affairs to President Jonathan, Waripamo Dudafa,
allegedly got part of the money from former National Security
Adviser (NSA) Sambo Dasuki.
EFCC said Dasuki withdrew the money from the Central Bank of
Nigeria (CBN) and “handed it” over to Dudafa.
The commissioner said Dudafa laundered the money through the
companies. He is currently being tried along with a lawyer Amajuoyi
Briggs and a banker Adedamola Bolodeoku. They pleaded not
guilty.
But, the four companies charged along with them pleaded guilty
to money laundering charges and were convicted.
They are Pluto Properties and Investment Company Limited,
Seagate Property Development and Investment Ltd, Trans Ocean
Property and Investment Company Ltd and Avalon Global Property
Development Company Ltd.
Wife of former President Goodluck Jonathan, Dame Patience, in a
separate suit, is laying claims to the money.
On what led to the companies’ conviction, Yahaya said sometime
in 2015, the EFCC received “cogent and irresistible” intelligence
that Dudafa allegedly “warehoused” proceeds of unlawful activities
in the companies’ Skye Bank Plc accounts.
The operative said EFCC analysed the intelligence and discovered
that on November 26, 2014, former National Security Adviser (NSA)
Sambo Dasuki applied to the Governor of Central of Nigeria (CBN)
via a letter dated November 26, 2014 with reference number
NSA/366/S for the release of $47,000,000.00.
The operative said the money was part of N10billion “earmarked
for special services,” adding that it was handed in cash to Mr S.
A. Salihu, a director of finance and administration at the Office
of the NSA.
“The governor of CBN granted this request and delivered the sum
to Salisu as instructed by Dasuki. Upon receipt of the said sum,
Salisu handed over this money to his boss, Dasuki, in 11
suitcases.
“Dasuki in grand conspiracy with the first defendant (Dudafa)
handed over the money to the first defendant.
“In the course of his service as the Special Assistant to the
former President on Domestic Affairs, the first defendant abused
his officer by corruptly enriching himself,” the deponent said.
According to the commission, Dudafa also allegedly deposited
“various huge sums of US dollars in cash” in the companies’
accounts.
“In a bid to disguise and conceal the proceeds of his unlawful
activities, the fourth to seventh applicants (the companies) were
procured mainly to retain the proceeds of the first defendant’s
unlawful activities.”
“The fourth to seventh applicants each opened an account with
Skye Bank Plc,” the deponent said in the counter-affidavit.
EFCC said those who pleaded guilty on the companies’ behalf were
actually their directors, namely Friday Davis, Agbor Baro,
Bioghowori Fredrick and Taiwo Ebenezer.
According to the commission, after prosecuting counsel Rotimi
Oyedepo reviewed the case following the companies’ plea, the judge
asked the representatives if they were in agreement with the
facts.
“The representatives who are directors of the applicants
admitted unequivocally that they agreed with facts reviewed by the
prosecution.
“Upon a calm reflection of the evidence led by the prosecution
against the fourth to seventh defendants/applicants and the pleas
of their directors who represented them, this Honourable Court
found the applicants guilty and convicted them as charged,” the
commission said.
EFCC said the companies’ application was an abuse of court
process and was filed in bad faith, adding that the court had
become functus officio (cannot re-open the case).
The prosecution said the companies filed a Notice of Contention
at the Court of Appeal in which they sought an order varying the
guilty plea, but it was struck out.
EFCC said the companies were yet to appeal against the Court of
Appeal judgment.
“The conviction of the fourth to seventh defendants did not
occasion any miscarriage of justice to the applicants or any party
in this proceeding,” EFCC said.
The companies’ motion on notice is yet to be heard.
* Agency declares application abuse of court
process
The Economic and Financial Crimes Commission (EFCC) has urged the
Federal High Court in Lagos to refuse an application by four
companies praying to reverse their guilty plea to laundering
$15,591,700 .
In its counter-affidavit deposed to by an investigating officer
Musbhau Yahaya, the commission said the application was an abuse of
court process, and that the judge cannot be asked to overrule
himself.
The companies are praying for an order setting aside their
conviction by Justice Babs Kuewumi on November 2, 2016 after they
pleaded guilty through their representatives.
According to them, their trial and conviction were done “in
gross violation of their right to fair hearing”.
The companies, in the application filed on their behalf by Chief
Mike Ozekhome (SAN), said their conviction “occasioned miscarriage
of justice” to them.
EFCC, in the counter-affidavit, alleged that a former Special
Adviser on Domestic Affairs to President Jonathan, Waripamo Dudafa,
allegedly got part of the money from former National Security
Adviser (NSA) Sambo Dasuki.
EFCC said Dasuki withdrew the money from the Central Bank of
Nigeria (CBN) and “handed it” over to Dudafa.
The commissioner said Dudafa laundered the money through the
companies. He is currently being tried along with a lawyer Amajuoyi
Briggs and a banker Adedamola Bolodeoku. They pleaded not
guilty.
But, the four companies charged along with them pleaded guilty
to money laundering charges and were convicted.
They are Pluto Properties and Investment Company Limited,
Seagate Property Development and Investment Ltd, Trans Ocean
Property and Investment Company Ltd and Avalon Global Property
Development Company Ltd.
Wife of former President Goodluck Jonathan, Dame Patience, in a
separate suit, is laying claims to the money.
On what led to the companies’ conviction, Yahaya said sometime
in 2015, the EFCC received “cogent and irresistible” intelligence
that Dudafa allegedly “warehoused” proceeds of unlawful activities
in the companies’ Skye Bank Plc accounts.
The operative said EFCC analysed the intelligence and discovered
that on November 26, 2014, former National Security Adviser (NSA)
Sambo Dasuki applied to the Governor of Central of Nigeria (CBN)
via a letter dated November 26, 2014 with reference number
NSA/366/S for the release of $47,000,000.00.
The operative said the money was part of N10billion “earmarked
for special services,” adding that it was handed in cash to Mr S.
A. Salihu, a director of finance and administration at the Office
of the NSA.
“The governor of CBN granted this request and delivered the sum
to Salisu as instructed by Dasuki. Upon receipt of the said sum,
Salisu handed over this money to his boss, Dasuki, in 11
suitcases.
“Dasuki in grand conspiracy with the first defendant (Dudafa)
handed over the money to the first defendant.
“In the course of his service as the Special Assistant to the
former President on Domestic Affairs, the first defendant abused
his officer by corruptly enriching himself,” the deponent said.
According to the commission, Dudafa also allegedly deposited
“various huge sums of US dollars in cash” in the companies’
accounts.
“In a bid to disguise and conceal the proceeds of his unlawful
activities, the fourth to seventh applicants (the companies) were
procured mainly to retain the proceeds of the first defendant’s
unlawful activities.”
“The fourth to seventh applicants each opened an account with
Skye Bank Plc,” the deponent said in the counter-affidavit.
EFCC said those who pleaded guilty on the companies’ behalf were
actually their directors, namely Friday Davis, Agbor Baro,
Bioghowori Fredrick and Taiwo Ebenezer.
According to the commission, after prosecuting counsel Rotimi
Oyedepo reviewed the case following the companies’ plea, the judge
asked the representatives if they were in agreement with the
facts.
“The representatives who are directors of the applicants
admitted unequivocally that they agreed with facts reviewed by the
prosecution.
“Upon a calm reflection of the evidence led by the prosecution
against the fourth to seventh defendants/applicants and the pleas
of their directors who represented them, this Honourable Court
found the applicants guilty and convicted them as charged,” the
commission said.
EFCC said the companies’ application was an abuse of court
process and was filed in bad faith, adding that the court had
become functus officio (cannot re-open the case).
The prosecution said the companies filed a Notice of Contention
at the Court of Appeal in which they sought an order varying the
guilty plea, but it was struck out.
EFCC said the companies were yet to appeal against the Court of
Appeal judgment.
“The conviction of the fourth to seventh defendants did not
occasion any miscarriage of justice to the applicants or any party
in this proceeding,” EFCC said.
The companies’ motion on notice is yet to be heard.
Read more https://nairalaw.com/patience-jonathans-15m-efcc-urges-court-to-ignore-firms/