Court acquits ex-President Jonathan’s cousin over $40 million fraud

A Federal High Court in Abuja has freed Mr. Robert Azibaola, a
cousin of former President Goodluck Jonathan, of laundering $40
million.

The Economic and Financial Crimes Commission (EFCC) charged
Azibaola and his firm, One Plus Holdings Nigeria Limited, with
receiving $40 million from the Office of the then National Security
Adviser (ONSA), Col. Sambo Dasuki, in September 2014 for the
“supply of tactical communication equipment”.

The prosecution alleged that the job was not done.

In a judgment on Monday, Justice Nnamdi Dimgba discharged and
acquitted the defendants on the grounds that the prosecution failed
to prove its case against them.

But the judge held that the prosecution failed to contradict the
explanation given by the defendants on how the funds were
expended.

He said the prosecution failed to fault the explanation by the
defendants that the actual purpose for which the ONSA paid the $40
million was concealed as “supply of tactical communication
equipment” as was the practice in security management.

Justice Dimgba also held that the defendants, at trial, led oral
and documentary evidence to the effect that the money was actually
meant to be paid to Niger Delta militants, who were into oil
bunkering to achieve peace in the region and boost oil revenue in
the country.

The judge said the defendants also provided evidence in support
of their claim that the militants were paid, and they called one of
them to testify that he received payment from the defendants, after
stopping oil bunkering.

He added that the defendants tendered vouchers to show that they
equally paid other militant groups from the funds provided by the
ONSA.

Justice Dimgba said the defendants alos tendered bank account
statements and lists of accounts of affiliated firms – Kakatar CE
Limited and Oneplus Holdings Nigeria Limited – to prove the
financial capacity and capability of the firms to execute the
contract.

The judge noted that the first defendant, (Aziboala) also gave
evidence to, among others, establish his capacity to carry out the
assignments for which the funds were provided.

He added: “I keenly watched the countenance of DW1 (Azibaola)
during his testimony and must state that as fantastic and as
incredulous as the claims might sound, I had a sense that he was
speaking truthfully and I had no real reasons to disbelieve
him.

“To prove execution, the defence gave evidence of performance of
the assignment, tendering Exhibit ASO 33 (A-G), being cash
disbursement vouchers, and Exhibit ASO 36, being sample signature
of DW 2 acknowledging receipt of disbursement.

“All these were necessary to show that the assignment allegedly
given to the defendants by the former NSA was not just a flash in
the pan.”

The judge noted that the accounts of Kakatar CE “showed where
withdrawals were made in naira, representing the equivalent of the
Unted States dollars (USD) sums said to have been transferred to
Kakatar, a sister company, by One Plus, the second defendant, and
allegedly applied to the assignment.

“The defence argued that these various huge withdrawals in naira
from the Kakatar CE account, running through the period of
September 2014 through early 2015, coincide with the duration of
the assignment.”

Justice Dimgba faulted the prosecution for not calling either
Dasuki or officials of ONSA as its witness. He also wondered why
Dasuki was not charged in the case.

Subscribe ToNairalaw News!