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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.
President Bola Ahmed Tinubu has appointed retired Vice Admiral Ibokette Ibas as the military administrator of Rivers State following the suspension of Governor Siminalayi Fubara, his deputy, Ngozi Odu, and all elected members of the state House of Assembly.
The announcement came during a nationwide broadcast on Tuesday amid heightened political tension in the oil-rich South-South state.
Tinubu said the suspension would last for an initial period of six months.
READ ALSO: JUST IN: Tinubu Suspends Fubara, Deputy and Lawmakers
“By this declaration, the Governor of Rivers State, Mr. Siminalayi Fubara, his deputy, Mrs. Ngozi Odu, and all elected members of the House of Assembly of Rivers State are hereby suspended for an initial period of six months,” the President stated.
Ibas, a former Chief of Naval Staff who served from July 2015 to January 2021, will take charge of the state’s affairs.
Tinubu clarified that the judiciary remains unaffected and will continue to function as mandated by the constitution.
“The Administrator will not make any new laws. He will, however, be free to formulate regulations as may be found necessary to do his job, but such regulations will need to be considered and approved by the Federal Executive Council and promulgated by the President for the state,” Tinubu added.
President Bola Ahmed Tinubu has suspended Rivers State Governor Siminalayi Fubara, his deputy, Mrs. Ngozi Odu, and all elected members of the state House of Assembly for an initial period of six months.
Tinubu made the announcement in a nationwide broadcast on Tuesday, citing undisclosed reasons for the decision.
READ ALSO: JUST IN: Rivers Assembly Accuses Fubara, Deputy Of Gross Misconduct
“By this declaration, the Governor of Rivers State, Mr. Siminalayi Fubara, his deputy, Mrs. Ngozi Odu, and all elected members of the House of Assembly of Rivers State are hereby suspended for an initial period of six months,” the President stated.
The suspension comes amid ongoing political tensions in Rivers State.
More updates to follow…
In what political watchers perceive as part of efforts to discomfit and scatter the Peoples Democratic Party (PDP) on the feeling that its National Working Committee (NWC) antagonises him, the Minister of Federal Capital Territory, Nyesom Wike, has revoked the rights to occupy the land on which the party’s national secretariat, Abuja is sited.
Biztelers reports that Wike’s revocation notice was conveyed in a letter released in Abuja on Tuesday, dated March 13, 2025.
The letter was titled, “Notice of right of occupancy with file no: MISC 81346 in respect of plot no: 243 within central area district, Abuja.”
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The letter was signed by the Director, Land Administration (FTC), Chijioke Nwankwoeze.
Wike, it was gathered predicated his action on the PDP’s failure to pay the annual ground rents due on the property for twenty (20) years, from January 1, 2006, to January 1, 2025.
The negligence on the part of the opposition party, the letter claimed was despite many publications in several national dailies and electronic media to pay up every outstanding bill and ground rent on its property.
The letter read, “I have been directed to refer to the above Right of Occupancy granted to PEOPLES DEMOCRATIC PARTY (PDP), NATIONAL SECRETARIAT and inform you that the Minister of Federal Capital Territory has in the exercise of powers conferred on him under the Land Use Act No. 6 of 1978, Cap. L5, Laws of the Federation of Nigeria 2004, revoked your rights, interests and privileges over Plot No. 243 within Central Area, Cadastral Zone A00, Abuja.
“The revocation is in view of your continued contravention of the terms and conditions of grant of the Right of Occupancy by failing to pay the annual ground rents due on the property for twenty (20) years, from Ist of January 2006 to 1st of January 2025. This is despite the many publications made by the FCT Administration since 2023 in several national dailies and on electronic media requesting all allottees of plots in the Federal Capital Territory to pay up every outstanding bill and ground rent on their property.
“You would please note that the said breaches by PEOPLES DEMOCRATIC PARTY (PDP), NATIONAL SECRETARIAT (MISC 81346) run contrary to the provisions of Section 28, Subsection 5 (a) and (b) of the Land Use Act.”
There are palpable fears that the PDP’s national secretariat might be demolished or vandalised, sooner than later because Wike added that the FCTA administration would take immediate possession of the party secretariat until all bills are settled.
Tinubu Appoints Vice Admiral Ibas As Rivers Administrator
JUST IN: Tinubu Suspends Fubara, Deputy and Lawmakers
JUST IN: Wike Renders PDP Homeless In Abuja
Explosion Hits Trans-Niger Oil Pipeline In Rivers
Osun Issues Guidelines For Tractor Operations
