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N10bn Money Laundering: Court Upholds EFCC’s Amended Charges
Justice James Omotosho of the Federal High Court sitting in Abuja on February 23, 2024 overruled a motion on notice filed by Ali Bello and Dauda Suleiman urging the court to strike out the 17-count amended charge filed by the Economic and Financial Crimes Commission (EFCC), on the ground against them claiming that the charge lacked merit and invalid.
The court held that the 17-count amended charges filed on February 5, 2024 are valid as the prosecution is entitled to amend its charges provided it is done before judgement is given.
The motion on notice by the defence which was filed on February 22, 2024 by counsel to the second defendant, Nureini Jimoh objected to the admittance of the amended charges stating that it amounted to an abuse of court processes. Also, the motion questioned the Federal High Court in Abuja on the ground that it lacked jurisdiction to try the matter and seeking that the matter be transferred to Kogi State.
Jimoh also submitted that the 17-count amended charge was fatally incompetent, citing Section 216 of the Administration of Criminal Justice Act 2015.
“My lord, the EFCC lacks the grounds to investigate the revenue of Kogi State Government, because the EFCC is not constitutionally recognized to have the powers to usurp the decision and powers of Kogi State House of Assembly.
“Let me say that based on the resolution and decision by the Kogi State Assembly, which says that no fraud was committed in the Kogi State Account, that should lay to rest EFCC`s allegation that a fraud was committed” Jimoh asserted.
Responding, Prosecution Counsel, Rotimi Oyedepo, SAN, in a counter- affidavit objected to the allegations, urging the court to discountenance the application of the defense. He noted that the alleged offence committed by the defendants were in Abuja and “within the jurisdiction of the Honourable Court and all three witnesses in the case are residents of Abuja”. He also pointed at the insecurity challenges involved in prosecuting the matter in Kogi State.
“We are opposing the application with a counter-affidavit and we urge my Lord to dismiss this application. In the circumstances that offences were committed in Abuja, the funds alleged to have been laundered belong to the Kogi State government, but the alleged money laundering act was committed in Abuja and that the funds in question had been allegedly used to acquire properties and equally used to engage in foreign exchange transactions in Wuse Zone 4, Abuja. My Lord, I will rely on Section 20 of the Money Laundering Prohibition Act 2011″, he said.
Delivering his ruling, Justice Omotosho discountenanced the application of the defence, stating that the prosecution has not concluded its case, “so it is immature to say that the EFCC cannot amend charges at any time before judgment”
He also stated that the EFCC under its Establishment Act has the power to investigate and prosecute anybody or entity when cases of corruption and money laundering are established including the powers provided by the Money Laundering (Prohibition) Act 2011.
“Prosecuting a money laundering charge is “within the purview of the EFCC. I hold that this criminal trial is properly constituted before this court. I also hold without hesitation that the second amended charge filed on February 5, 2024 is hereby deemed valid and competent. I hereby order that the defendants are called upon to take their pleas in the amended charge, the objection of the defendant is hereby overruled”, he ruled.
He also added that the case will be given accelerated hearing, equally noting that insecurity could be a reason to try a criminal offence outside jurisdiction
Justice Omotosho adjourned to March 14, 15, and 21 for the continuation of hearing.
The entire 10 communities of the old Ohaozara Local Government Area, known as Ohanivo, of Ebonyi State have been reverberating with joy, because their illustrious son, the Minister of Works, HE Sen. Engr (Dr) Nweze David Umahi emerged Silverbird’s Most Outstanding Honourable Minister of the Year.
Biztellers reports that Ohanivo is made up of three LGAs, including, Ohaozara, Onicha and Ivo, while the 10 autonomous communities are Uburu, Okposi, Aka Eze, Ishiagu, Isu, Onicha, Ugwulangwu, Ukawu, Abaomege, and Oshiri.
Feelers from the organisers of the glamourous awards, Silverbird Group, assure that plans have been fine-tuned for the annual event, billed for the Eko Hotel and Suites, Victoria Island, Lagos on Sunday.
There are indications that a strong team of community leaders including Chief Kenneth Eze, Uche Umezurike, Okoro Enekwachi, Francis Ekwe, Emma Nwaze, among others would be on ground to cheer the distinguished minister of works as he receives his well-deserved award.
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In a related development, the Member, House of Representatives, representing Ohaozara/Onicha/Ivo Federal Constituency, Hon. (Dr.) Kama Nkemkanma, has sent his congratulatory message to Sen Umahi.
Hon Nkemkanma’s message reads, “It is with deep pleasure that I convey the profound felicitations of my family and good people of Ohaozara/Onicha/Ivo Federal Constituency to our dear leader and achiever, His Excellency, Sen. Engr (Dr) Nweze David Umahi CON, FNSE, FNATE, GGCEHF, Honourable Minister of Works on his emergence as the Silverbird Most Outstanding Honourable Minister of the Year. Whom the cap fits, let him wear.
“Your Excellency, the initiative of this administration to construct the Renewed Hope four (4) legacy projects and the will power to continue the funding and construction of the inherited on-going projects across the six (6) Geo-political Zones are eloquent testimonies of the commitment of Mr President in unlocking the potentials of every segment of our country and building a regenerative economy for sustainable future. We are proud that you have unmitigated signature in this memory. May God continue to give you the flourishing grace and enablement to always be on top in your endeavours.
“Please accept the assurances of the prayers, solidarity, and esteemed regards of my constituents, always. Once more congratulations.”
The Kano State Government has addressed widespread misinterpretations surrounding the recent Court of Appeal judgment on the ongoing emirship dispute, urging the public to rely on accurate legal information.
In a statement issued on Saturday, Governor Abba Yusuf’s spokesman, Sunusi Dawakin-Tofa, clarified the ruling and the government’s position.
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Speaking at a press briefing at the Nigeria Union of Journalists (NUJ) Secretariat in Kano, the state’s Attorney General and Commissioner for Justice, Haruna Dederi, explained that the Court of Appeal’s verdict, delivered on January 10, 2025, upheld the repeal of the Kano Emirate Council Law, 2019, effectively overturning the previous judgment of the Federal High Court, Kano.
However, Dederi noted that Alhaji Aminu Dan’agundi, who was dissatisfied with the ruling, has since filed an appeal at the Supreme Court.
He further stressed that the Appeal Court’s judgment remains binding until the Supreme Court rules otherwise.
Addressing concerns over the stay of execution recently granted by the Court of Appeal, the Attorney General described it as a standard legal procedure intended to maintain the status quo pending the Supreme Court’s final decision.
“The Kano State Government urges the public to remain calm, law-abiding, and avoid any form of provocation,” the statement read.
The government has also directed its legal team to thoroughly review the proceedings and determine the next steps in accordance with the law.
On behalf of the governor, Dederi expressed appreciation to the people of Kano for their patience, understanding, and continuous prayers for peace and progress in the state and the nation.
The emirship dispute has been a topic of intense debate in Kano, with various legal and political implications.
Tensions are rising in Rivers State as the Niger Delta Youth Council (NDYC) has issued a seven-day ultimatum to President Bola Tinubu, threatening to halt oil production in response to the ongoing political crisis in the state.
In a statement signed by its president, Bene Youkore Mamamu, and made available to journalists in Warri on Saturday, the group listed three key demands: the restoration of Rivers State’s statutory revenue allocation, an end to alleged impeachment moves against Governor Similaye Fubara, and a public retraction of reported anti-Ijaw remarks attributed to former Governor and current FCT Minister, Nyesom Wike.
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The youth group warned of dire economic consequences if their demands were ignored.
“We are ready to shock the world in seven days. The oil that fuels this nation flows from our land, the fourth largest and most populated ethnic group in Nigeria. We will not allow Wike, who we suspect is being used by the Presidency, to sabotage our region and undermine Ijaw history,” the statement read.
The NDYC accused Wike of attempting to manipulate the political landscape of Rivers State and marginalize the Ijaw ethnic group, citing his reported comments describing the Ijaws as a “minority within a minority.”
The group labeled the remarks as “provocative, inflammatory, and a declaration of economic and political war.”
Further criticizing the Federal Government, the NDYC alleged that President Tinubu’s administration was enabling Wike’s interference in Rivers politics.
“We are angry that Tinubu’s government has empowered Wike and the Judiciary to undermine Ijaws and the Niger Delta region, with regular threats to impeach Governor Fubara, seize the state’s allocation, insult late Pa Edwin Clark, and rewrite the history of the Ijaw nation,” the letter continued.
With the deadline fast approaching, the NDYC has called on its members to prepare for action, warning that oil production across the region could be disrupted if their demands are not met.
The potential shutdown poses a serious threat to Nigeria’s economy, given that the Niger Delta remains the country’s primary source of crude oil revenue. A disruption could exacerbate economic challenges, including foreign exchange shortages and rising inflation.
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