Court Dismisses Contempt Suit Against Lai Mohammed

Justice Rilwan Aikawa of a Federal High Court in Lagos has
dismissed a contempt application filed by a former Minister of
State for Finance, Mrs. Esther Nenadi Usman, seeking to commit the
Minister of Information, Alhaji Lai Mohammed to prison for the
inclusion of her name in the ‘looters’ list’ he released to the
public.

In his ruling on Friday, Justice Aikawa said the application was
a distraction which could interfere with speedy determination of
the matter.

Usman, who is facing allegations of money laundering brought
against her and a former Minister of Aviation, Femi Fani-Kayode,
had argued in the application that the inclusion of her name in the
list released by the information minister during the pendency of
the case against her is contemptuous.

She, therefore, urged the court to commit the Information
Minister to prison for contempt of court. The former Minister also
argued that Mohammed’s action undermines the integrity of the court
and is aimed at poisoning the mind of the public against her.

However, the EFCC lawyer, Rotimi Oyedepo, urged the court to
decline Usman’s application, insisting that the applicant was never
referred to as a looter by the information minister, as what was
published by some newspapers only bordered on allegations and
cannot be said to be prejudicial to the applicant’s case in
court.

His words: “The minister of information is not a party to the
criminal proceedings against the applicant. There is no evidence to
show that the alleged contemnor works with the various media houses
that published the alleged offensive publication. Besides, there
were no allegation against the media houses that published the
alleged offensive publication.

“There was nothing that connects the ministry of information to
the motion which was taken out to annoy the prosecution. The motion
is lacking in substance; it is an abuse of court process and should
be dismissed.”

In his ruling, Justice Aikawa agreed with the prosecution that
the right parties to the contempt proceedings were not before the
court. According to him, the publications which the applicant
complained of was published by media houses and not the alleged
contemnor, so the right parties to be joined in this application
are the media houses.

The judge also held that a mere publication, which did not go to
the substance of the case or directly affect the proceedings before
the court, cannot be said to have interfered or influenced the mind
of the court. He further stated that the publication is not an
advertorial from the Minister of Information, so he can not be held
responsible for what was published by the media houses.

The judge therefore held that the publication is not prejudicial
to the applicant’s case in court and thereby dismissed for lacking
in merit.

The Economic and Financial Crimes Commission (EFCC) had
re-arraigned Usman, Fani-Kayode, Yusuf Danjuma, a former Chairman
of the Association of Local Governments of Nigeria (ALGON) and a
company, Joint Trust Dimensions Limited before Justice 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 proceeds from an unlawful act. While Usman, a former
Minister of Finance under the former President Goodluck Jonathan
administration, Danjuma Yusuf and Joint Trust Dimentions Nigeria
Limited retained the sum of N1.5 billion, Fani-Kayode and Olubode
Oke, said to be at large, were accused of retained the total sum of
N1,650,650 billion.

The accused persons were also alleged to have made payment of
several amounts running to billions of Naira without going through
financial institutions.

The offence allegedly committed between January 2015 and March
2015 is said to be 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 all pleaded not guilty to the charge.

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