12th April, 2018
Akin Kuponiyi
A Federal High Court sitting in Lagos, Southwest Nigeria has ordered former gubernatorial candidate of the Peoples Democratic Party, PDP, in Kwara state during the last general election, Mohammed Belgore SAN and a former Minister of Planning, Professor Abubakar Sulaiman, to open their defence in a N450 million alleged money laundering suit slammed on them by the Economic and Financial Crimes Commission (EFCC).
The Presiding judge, Rilwan Aikawa gave the order on Thursday in a ruling on two separate applications of no-case submission filed by the two defendants, wherein they argued that they have no case to answer in relation to the alleged offence they were being tried.
In his verdict, Justice Aikawa disclosed that after a careful study of the prosecution’s case, he had formed an opinion that the defendants should enter their defence.
“I have read the facts of the case at my disposal and I have formed an opinion that the two defendants have a case to answer. In the circumstances, I therefore overrule the no-case submissions. It is hereby dismissed. The defendants should proceed to open their defence”, the judge ruled.
After the ruling, Belgore’s lawyer, Seni Adio (SAN) drew the court’s attention to a motion dated January 16, 2018, asking the EFCC to furnish him with the complete set of his client’s statements to the commission.
He alleged that part of the statements written by Belgore was still with the EFCC, saying the production of the documents was vital to his client’s defence.
In his response, EFCC’s lawyer, Rotimi Oyedepo, denied holding on to any of Belgore’s statements.
He stated that the motion which he claimed was just served on him in court yesterday, was a ploy to prevent the defendants from opening their defence.
He said: “All the statements volunteered by the defendant has been tendered in this case. We cannot be tendering them in piecemeal. All the statements have equally being front-loaded to the defence. We don’t have anything to produce.
“This issue was also raised in the defendant’s no-case submission and we reacted to it. As far as we are concerned, the issue has been determined with the ruling just delivered”.
Justice Aikawa, while adjourning further hearing in the case till April 30, 2018 directed the EFCC to file a formal response to the motion.
The defendants were on November 28, 2017, re-arraigned before the court by the anti-graft agency on an amended nine count charges bordering on the alleged offence of money laundering.
They, however, pleaded not guilty to the charge when it was read to them.
In a 9-count amended charge, the EFCC alleged that a former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke (said to be at large) conspired with Belgore and Sulaiman on or about March 27, 2015, to directly take possession of the sum of N450 million, which they reasonably ought to have known formed part of proceeds of unlawful act.
The defendants were also alleged to have taken the said funds in cash, which exceeded the amount authorized by law, without going through any financial institutions.
Belgore, Sulaiman and Madueke were also alleged to have paid the sum of N50 million to one, Sheriff Shagaya, without going through the banks.
They were equally accused of paying the sum of N10 million to one, Dr. Emmanuel Onucheyo, Resident Electoral Commissioners, Independent National Electoral Commission (INEC), Kwara State, paid N10 million to Commissioner of Police, Garba Salihu, in violation of Sections 1(a), 16 (d) of the Money Laundering (Prohibition) (Amendment) Act 2012 and punishable under Section 16 (2) (b) of the same Act.