Tuesday 28 June 2016

Court Remands Fani-Kayode, Nenadi Usman other In Prison Over Alleged N4.6bn Fraud

Court Remands Fani-Kayode, Nenadi Usman  other In Prison Over Alleged N4.6bn Fraud


Justice Sule Hassan of the Federal High Court in Lagos yesterday remanded Former Aviation Minister & Spokesman of the Goodluck Jonathan Campaign Organisation, Chief Femi Fani-Kayode and Senator Nenadi Usman in prison custody over an alleged N4.6 billion fraud pending the hearing of their bail applications on July 1.

Justice Hassan gave the order after the two former ministers a firm, Joint Trust Dimensions Limited; and one Jimoh Yusuf were arraigned before him by the Economic and Financial Crimes Commission (EFCC) on a 27 count charge of conspiracy, unlawful retention of proceeds of theft, corruption and money laundering.

According to the EFCC in the charge marked FHC/L/C/251c/2016, the accused persons allegedly on or before January 2015, unlawfully retained the total sum of N4. 6 billion, which they knew was a proceeds from an unlawful act.

While Usman, former Minister of Finance, under president Goodluck Jonathan Administration, Danjuma Yusuf and Jointrust 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 offences according to the anti-graft agency are contrary to sections 1(a), Section 15(2)(d), 16(d), 18(a), 16(d) 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable  under Section 15(3),  16(2)(b) and 4 of the same Act.

They, however, pleaded not guilty to all the counts.

After their arraignment, the prosecutor, Rotimi Oyedepo asked the court for accelerated hearing, and that the court should remand the accused persons in prisons custody pending the determination of the charge.

This motion was strongly opposed to by lawyers to the accused persons, Fred Orbih (SAN), Mr. Ifedayo Adedipe (SAN), and Mr. S. I Ameh.

Although they told the court that they are not opposed to an accelerated hearing of the case, they however expressed objection to the application to remand their clients in prison  pending the hearing and determination of the charge.

In opposing the bail application, counsel to Usman, Orbih (SAN) imformed the court that he had filed his client's bail application and it has been served on the prosecution.

He urged the court to allow him to move the bail application.

In the same vain, lawyer who represented Fani-Kayode in court, Adedipe,  informed the court that he had also filed a bail application on behalf of his client and same has been served on the prosecution.

Adedipe particularly informed the court that the bail application was filed on June 15, and same was served on June 16, adding that he has not received a counter-affidavit indicating the prosecution's opposition to the bail application.

He therefore urged the court to hear his client's bail application.

Also, lawyer to third accused person, Ameh, also told the court that he had filed a bail application on behalf of his client.

In response, the prosecutor, Oyedepo, imformed the court that Nenadi and Yusuf's bail applications were served on the prosecution on Monday, and he needed time to respond to the applications.

Though, he conceded that Fani-kayode's bail application has been served on the Commission since June 16, he was waiting to respond to the three applications at once since the court will give a joint ruling on the applications.

Oyedepo, therefore urged the court for an adjournment to enable him respond to all the applications.

The EFCC counsel further informed the court that the Commission's remand facility has been over strength, and that one of the accused persons alleged that he was being assaulted by the Commission's officials, so the right place to remand the accused persons in is the prison.

In his ruling, Justice Hassan held "I have listened to the arguments canvassed by the both  parties. The prosecution was only served yesterday.

"In the interest of Justice, it will be better if the prosecution is given the opportunity to respond to the applications. In the instance, the matter is hereby adjourned Till Friday, July 1, for hearing and ruling on bail applications".

The judge however ordered that the accused persons be remanded in Prisons custody until the next adjourned date.

unt one of the charge reads;
That you, Nnenadi Esther Usman,   Femu Fani-kayode, Danjuma Yusuf and Jointrust Dimentions Nigeria Limited, on or about the 8th day of January, 2015, within the jurisdiction of this Honourable Court conspired amongst yourselves to indirectly retain the sum of N1,500, 000,000.00 (One Billion, Five Hundred Million Naira) which sum you reasonably ought to have known forms part of the proceeds of an unlawful act to wit: stealing, and you thereby committed an offence contrary to Section 15(2)(d), 16(d), 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable  under Section 15(3) & 4 of the same Act."

While count 17 reads; "that you Femi Fani-kayode and Olubode Oke (still at large) on or about the 12th day of February,2015 in Lagos, within the jurisdiction of this Honourable Court without going through a financial institution made cash payment in the sum of N6,000,000. 000 (Six Million Naira) to Paste Poster Co (PPC) of 125, Lewis Street, Lagos Island, Lagos which sum exceeded the amount authorized by Law and you thereby committed an offence contrary to Section 1(a), Section 16(d) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable  under Section 16(2)(b) of the same Act.

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