Justice Rita Ofili-Ajumogobia of a Federal High Court in Lagos has slated November 17 to rule on the no-case application submitted by a former Aviation Minister, Femi Fani-Kayode, in response to money laundering charges levelled against him.
The Economic and Financial Crimes Commission is trying Fani-Kayode on an amended 40 counts bordering on money laundering.
The ex-minister was accused of having made cash transactions in excess of N500,000 without going through a financial institution.
It was also alleged that while he held sway as the Minister of Aviation and Minister of Culture and Tourism, Fani-Kayode accepted cash payments to the tune of about N100m.
The crime was said to be contrary to Sections 15(1) (a) (b) (c) (d) and 15 (2) (a) (b) of the Money Laundering (Prohibition) Act, 2004.
At the resumed trial on Monday, lawyer for the accused, Mr. Ifedayo Adedipe (SAN), informed the court that his client had filed a no-case application to the 40 counts proffered against him.
Adopting the application, Adedipe argued that the prosecutor had not made any case against his client to warrant his entrance into any defence.
“The accused pleaded not guilty to the charges against him before this court. And by so doing, he has joined issues with the prosecution, leaving them to prove their case beyond doubt.
“The prosecution called six witnesses, and of all these witnesses, none of them came forward to give any evidence that they had any financial transaction with the accused.
“Pw3 (Superintendent of Police) told this court that nobody came forward to say that he gave any cash to the accused.
“Pw5, (former aide to the accused) gave evidence that it was one Kolade who gave him the money he lodged into the account of the accused, and this does not prove anything against the accused,” Adedipe submitted.
The lawyer further argued that though the prosecution had confronted Fani-Kayode’s with his statement of account during trial, asking him to defend it, yet a prima facie had not been made to substantiate the allegations.
He added, “If an individual receives several sums of money from different sources, he is expected to lodge same. And so, the fact that certain amounts were found in his account, does not amount to an offence.
“I, therefore, respectfully urge this court to discharge the accused of all counts in the charge.”
But responding, the EFCC lawyer, Mr. Festus Keyamo, maintained that the prosecution had made enough case to warrant Fani-Kayode to proceed into his defence.
“Without wasting the time of this court, I will only correct one notion, and that is that the prosecution’s case does not concern lodgement, but transactions which took place before the lodgement.
“Transactions which are done without going through financial institutions are what come under the definition of money laundering,” Keyamo said.
Fani-Kayode was first arraigned in December 2008 before Justice Ramat Mohammed on a 47-count.
He had pleaded not guilty to all the counts and Justice Mohammed had granted him bail in the sum of N200m, with two sureties in like sum.
The accused was subsequently re-arraigned before Justice Binta Murtala-Nyako, following the transfer of Mohammed from the Lagos Division.
He was again re-arraigned before Justice Ajumogobia on February 11, 2013, consequent upon the transfer of Murtala-Nyako.
He was finally again re-arraigned before Ajumogobia on March 6, following the amendment of the 47-count to 40-count.
The Economic and Financial Crimes Commission is trying Fani-Kayode on an amended 40 counts bordering on money laundering.
The ex-minister was accused of having made cash transactions in excess of N500,000 without going through a financial institution.
It was also alleged that while he held sway as the Minister of Aviation and Minister of Culture and Tourism, Fani-Kayode accepted cash payments to the tune of about N100m.
The crime was said to be contrary to Sections 15(1) (a) (b) (c) (d) and 15 (2) (a) (b) of the Money Laundering (Prohibition) Act, 2004.
At the resumed trial on Monday, lawyer for the accused, Mr. Ifedayo Adedipe (SAN), informed the court that his client had filed a no-case application to the 40 counts proffered against him.
Adopting the application, Adedipe argued that the prosecutor had not made any case against his client to warrant his entrance into any defence.
“The accused pleaded not guilty to the charges against him before this court. And by so doing, he has joined issues with the prosecution, leaving them to prove their case beyond doubt.
“The prosecution called six witnesses, and of all these witnesses, none of them came forward to give any evidence that they had any financial transaction with the accused.
“Pw3 (Superintendent of Police) told this court that nobody came forward to say that he gave any cash to the accused.
“Pw5, (former aide to the accused) gave evidence that it was one Kolade who gave him the money he lodged into the account of the accused, and this does not prove anything against the accused,” Adedipe submitted.
The lawyer further argued that though the prosecution had confronted Fani-Kayode’s with his statement of account during trial, asking him to defend it, yet a prima facie had not been made to substantiate the allegations.
He added, “If an individual receives several sums of money from different sources, he is expected to lodge same. And so, the fact that certain amounts were found in his account, does not amount to an offence.
“I, therefore, respectfully urge this court to discharge the accused of all counts in the charge.”
But responding, the EFCC lawyer, Mr. Festus Keyamo, maintained that the prosecution had made enough case to warrant Fani-Kayode to proceed into his defence.
“Without wasting the time of this court, I will only correct one notion, and that is that the prosecution’s case does not concern lodgement, but transactions which took place before the lodgement.
“Transactions which are done without going through financial institutions are what come under the definition of money laundering,” Keyamo said.
Fani-Kayode was first arraigned in December 2008 before Justice Ramat Mohammed on a 47-count.
He had pleaded not guilty to all the counts and Justice Mohammed had granted him bail in the sum of N200m, with two sureties in like sum.
The accused was subsequently re-arraigned before Justice Binta Murtala-Nyako, following the transfer of Mohammed from the Lagos Division.
He was again re-arraigned before Justice Ajumogobia on February 11, 2013, consequent upon the transfer of Murtala-Nyako.
He was finally again re-arraigned before Ajumogobia on March 6, following the amendment of the 47-count to 40-count.
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