You have case to answer, court tells Fani-Kayode A Federal High Court sitting in Lagos has ordered a former Minister of Aviation, Femi Fani-Kayode, to defend himself against the allegation of money laundering levelled against him by the Economic and Financial Crimes Commission. The ex-minister was arraigned on 40 counts in relation to the offence but Justice Rita Ofili-Ajumogobia on Monday discharged him of 38 of the counts and ordered him to answer to counts 25 and 26 of the charge. Charges 25 and 26 read, “That you, Chief Femi Fani-Kayode, on or before September 20, 2006, while serving as Minister of Culture and Tourism of the Federal Republic of Nigeria, in Lagos within the jurisdiction of this honourable court, made a transaction exceeding N500,000 which was not done through a financial institution, by accepting a cash payment of N1m, which was further paid into your personal account number, 103450252601 with First Inland Bank Plc, Apapa branch, now FCMB, through one Supo Agbaje, your administrative staff, now at large. “That you, Chief Femi Fani-Kayode on or before September 20, 2006, while serving as Minister of Culture and Tourism of the Federal Republic of Nigeria, in Lagos, within the jurisdiction of this honourable court, made a transaction exceeding N500,000 which was not done through financial institution, by accepting cash payment of N1.1 million, which sum was further paid into your personal account number, 103450252601 with First Inland Bank PLc Apapa branch, now FCMB, through one Supo Agbaje, your administrative staff, now at large.” The judge therefore adjourned till December 8, 2014 for Fani-Kayode to enter his defence against the two charges. The ex-minister was accused of severally dealing in cash sums above N500, 000 to the tune of about N100m without going through any financial institution, while in public office. This act, the EFCC said, violated Sections 15(1) (a) (b) (c) (d) and 15 (2) (a) (b) of the Money Laundering (Prohibition) Act, 2004. Upon his arraignment on an amended 40-count, the ex-minister had pleaded not guilty to the allegation and the prosecution, led by Mr. Festus Keyamo, had been called upon to substantiate its claims. In the course of its arguments, the prosecution called six witnesses and closed its case on July 10, 2014. But in response, Fani-Kayode, through his counsel, Mr. Ifedapo Adedipe (SAN), had submitted that the prosecution failed to establish a prima facie case against him to warrant his entering any defence. The accused had filed a no-case application dated August 5, 2014, wherein his contentions were stated. Ruling on the no-case application on Monday, Justice Ofili-Ajumogobia, in her analysis of the 40 counts, said they could be categorised into two with counts one and 33 standing as their prototypes. According to the judge, in the first category of the counts it was alleged that Fani-Kayode paid the alleged laundered sums into his own bank account while the second category alleged that he paid into the account of a third party. The judge, however, said she found that the prosecution did not prove that the accused handed the laundered sum to a third party who subsequently paid into an account. This failure, she said, had rendered the prosecution’s case impotent and hence the dismissal of 38 out of the 40 counts. She held, “The indubitable conclusion to be arrived at is that this application succeeds in part, the no-case submission of the applicant is upheld on all counts, except, counts 25 and 26. “The accused is therefore, ordered to enter his defence with respect to counts 25 and 26. This is my ruling as read out in open court.” Copyright PUNCH.All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express written permission from PUNCH. Contact: editor@punchng ift.tt/1ETnA2U ift.tt/1ugBrPq [[Boost your social presence with NAIRALIKES nairalikes ]] #nigeria x #nairalikes #vanguardng
Posted on: Tue, 18 Nov 2014 00:01:30 +0000
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