29th January, 2013
By Akin Kuponiyi
The trial of the Speaker of Lagos State House of Assembly, Mr. Adeyemi Sabit Ikuforiji and his personal assistant, Oyebode Alade Atoyebi for a money laundering related offence is one of the high profile cases which started last year. Hearing will continue 18 February this year at a Federal High Court sitting in Lagos.
The court will be sitting for four consecutive days before further adjournment would be taken, if the need arises.
What led to the trial of the Speaker and his personal aide started sometime in 2011 when the Economic and Financial Crimes Commission, EFCC, received an anonymous petition accusing the Speaker of financial impropriety.
The petition was supposed to have been written by people suspected to be political opponents of the Speaker, who perceived that Ikuforiji was nursing an ambition of becoming the next governor of Lagos state in 2015.
Sometime in September 2011, Mr. Ikuroriji and some principal officers of the Lagos State House of Assembly, including Alade Atoyebo, were invited to the Abuja office of the EFCC where their statements were taken; thereafter they were granted administrative bail.
EFCC then swung into action to investigate the allegations leveled against the Speaker, and at the conclusion of its investigation on 10 November 2011, the anti graft Agency filed a 39-count criminal charge number FHC/L/422c/11 alleging that Ikuforiji and his Personal Assistant, Alade Atoyebi, made various cash transactions of about N503 million without going through a financial institution. The offences alleged to have been commited are contrary to section 18 (a ) of the Money Laundering (Prohibition) Act, 2011 and punishable under section 16 (2) (b) of the same act. On 8 December, 2011 the charge was amended by the EFCC and the criminal charge of 39 counts was reduced to 21 counts.
On 8 December, 2011, EFCC invited the Speaker and his aide to their office in Lagos but the Speaker and his aide failed to honour the invitation; rather, they sent a message to the EFCC expressing their inability to immediately honour the said invitation on account of their other engagements.
The following day, 9 December, 2012 when the Speaker and his aide were supposed to be arraigned before a Federal High Court in Lagos, the two accused persons were not present.
Consequently, the EFCC prosecuting counsel, Chief Godwin Obla urged the court to issue a bench warrant for the arrest of the two accused persons. The presiding judge, Justice James Tsoho while adjourning the case till 17 January, 2013 when the duo would be arraigned ordered the arrest of the Speaker and his personal assistant.
The bench warrant generated a lot of controversies. The speaker and his aide then assembled their team of lawyers to defend them. Mr. Tayo Oyetibo leading three other senior lawyers, Messrs Abiodun Onidare, Tunde Akinrimisi,
Adundu and 13 other legal practitioners formed the defence legal team.
Two applications were filed before the court while an appeal was filed at the Lagos Division of the Appeal Court against the order of the lower court. The speaker and his aide urged the appellate court to set aside the order of arrest. In the two other applications before the federal high court, the applicants urged the court to discharge the order of arrest and also applied for bail for the two accused persons.
However, on 17 January, 2012 there was a dramatic turn as the presiding judge withdrew from the case based on personal reasons. The case file was sent back to the Chief judge for re-assignment to another judge.
The case was transfered to Justice Okechukwu Okeke who is currently conducting the trial.
P.M.NEWS however gathered from sources that Justice Okeke may soon go on retirement. If the judge retires before the conclusion of this case, then the case would be transferred to another judge to start afresh.
On March 1, 2012, when the Speaker and his aide were arraigned before the court, they pleaded not guilty to all the counts. While the Speaker was admitted to bail on self recognition, the Clerk of the House of Assembly was to stand surety for his aide.
Thereafter, the defence counsel filed an application for the criminal charge to be quashed,
But on July 5, 2012, Justice Okechuckwu Okeke in his ruling dismissed the application and ordered the two accused persons to face trial.
Chief Obla told the court that he intends to call seven witnesses to prosecute the case. He started by calling the first prosecuting witness, Adebayo Adeniyi, an EFCC investigation officer, who was a member of the team that investigated the case.
Adebayo Adeniyi who was led in evidence by Chief Obla has tendered the statements of the following: Akande Lola, Bolaji Yusuf Ayinla, Kolawole Taiwo, Musibau, Abiru Rotimi Atoyebi, Adewale Taiwo Olatunji Ganiyu and Olusegun Abiru, others are: Toyin Atekanja, Latona Folahsade, Tijani Folaji, Shade Tijani Moroof, Lambo Abosede, Abdurak Balogun, while the statement of the Speaker and cash receipts were also tendered.
The trial was adjourned till 6 November and three other subsequent days, but on that day the prosecutor was absent due to other state engagements. Consequently, the case was further adjourned till 17 November, 2012.
When hearing resumed on the 17 November, 2012, through the same witness, Adeniyi, registers, cash books, from the account department of Lagos State House of Assembly were tendered as exhibits. Other documents that were tendered are, Wema Registers, GTB cash book, Chuco cash register, recover register called bulk. These registers shows clearly amount and the mode of payment either in cash or cheque. The register also indicates recipients and signatures.
The trial of the Speaker and his aide is expected to resume on 28 February, 2013.