Court Acquitts & Discharges Fani-Kayode On Money Laundering Charge

Court Acquitts & Discharges Fani-Kayode On Money Laundering Charge

Reprieve came the way of former Minister of Aviation, Chief Femi Fani-Kayode as Justice Rita Ofili-Ajumogobia of the Federal High Court in Lagos on Wednesday discharged and acquitted him of the money laundering charge brought against him by the Economic and Financial Crimes Commission (EFCC).

Justice Ofili-Ajumogobia in her judgment on the case held that the anti-graft agency failed to prove it's case against Fani-Kayode beyond reasonable doubt.

The court also held that the prosecution team led by Festus Keyamo failed to prove the source of the money or that the former minister directed that the money should be paid into his account.

She also declared that the prosecution has failed to prove these elements saying it is necessary for sufficient and unequivocal evidences to be put before the court as to how the monies were lodged in the accused person's account.

The judge also dismissed the testimony of the 4th prosecution witness, Supo Agbaje as unreliable, vague and an afterthought as it contradicted his earlier statement to the EFCC.

Justice Ofili-Ajumogobia identified two issues for determination,  the first is that there was a cash deposit of a sum beyond the legal threshold and that the accused persons accepted or authorised the payment of the sum into his account.

Though the court agreed with the prosecution that the sums of N1 million and N1.1 million where paid into the account of the accused persons but the giver of the money remained unclear.

"The prosecution has not been able to adduce any credible evidence before the court to convince it that the accused person gave the money to anybody to pay into his account".

According to the court, in a case where the court is faced with contradictory evidence, the court must resolved the contradictions in the favour of the accused persons as the court can not pick and chose which of the evidence to believe.

The court also disagreed with the prosecution that the mere deposit of the said sum in the accused account is enough to nail him.

"I hold that the prosecution failed to prove it's case beyond reasonable doubt in line with Section 15 (1) of the Money Laundering Act and I am of the view that the accused person must be discharged and acquitted".

Fani-Kayode was arraigned before the court by the EFCC on a two count charge of laundering the sum of N2.1 million, while he was serving in President Olusegun Obasanjo’s administration as Minister of Aviation and Minister of Culture and tourism.

He was specifically accused by the Economic and Financial Crimes Commission (EFCC) of conducting financial transaction exceeding N500,000, which was not done through a financial institution by accepting cash payment of various sum which was further carried in cash to First City Monument Bank Plc (FCMB)) through some of his associates. 

He pleaded not guilty to the charge.
  
It would be recalled that the former Minister was first arraigned sometime in December 23, 2008, before Justice Ramat Mohammed of the Federal High Court, Lagos on a 47-count charge.

He had pleaded not guilty to the charge and was admitted to bail in the sum of N200 Million with two sureties in like sum by the judge.

He was then re-arraigned before Justice Binta Murtala-Nyako in 2010, following the transfer of Mohammed from the Lagos Division.

Again, he was re-arraigned before Justice Ofili-Ajumogobia on February 11, 2013. after the transfer of Justice Murtala-Nyako to the Jos Division of the court.

He was later re-arraigned before Justice Ofili-Ajumogobia on March 6, following the amendment of the 47-count charge to 40-counts after the EFCC dropped seven of the counts.

It will also be recalled that Justice Ofili-Ajumogobia had in November last year dismissed 38 out of the 40 counts against the accused.

The judge, however, said the accused would need to prove his innocence in respect of counts 25 and 26 of the charges.

At the trial of the former minister, EFCC had called four witnesses, while the defence only called two witnesses.