24th January, 2019
By Akin Kuponiyi
A Federal High Court sitting in Lagos, Southwest on Thursday convicted two ex-officials of the Independent National Electoral Commission (INEC), Christian Nwosu and Tijani Bashir who were charged with N264.8 million gratification received from former Petroleum Minister, Diezani Allison-Madueke and money laundering by the Economic and Financial Crimes Commission (EFCC).
The Presiding Judge, Justice Mohammed Idris, who has been elevated to the Court of Appeal concluded the case on fiat and handed down the conviction while delivering his judgment in the trial that spanned several months.
Justice Idris, however, adjourned the sentence of the convicts till 12noon tomorrow.
He ordered EFCC to ensure their present Friday (tomorrow), to enable the first convict (Nwosu), who was reported to be on sick leave appear in court.
EFCC had preferred a criminal charge against the convicts. One of them, Yisa Adedoyin, earlier was convicted by the court after he pleaded guilty to the charges.
The convicts were said to have accepted cash gratification from a former Minister of Petroleum Resources, Allison-Madueke, in the build-up to 2015 general elections.
The anti-graft agency accused them of accepting the said gratification, which they reasonably ought to have known formed part of the proceeds of an unlawful act.
The convicts were re-arraigned after their co-accused (Adedoyin) had opted to change his plea by admitting to being complicit in the offences charged.
Thereafter, Nwosu and Bashir maintained their respective pleas of not guilty, while they opened their defences on September 19 and 21, 2018 respectively.
After conclusion of trial, parties adopted their final addresses on Nov. 8, 2018 and the court adjourned until January 23 for judgment.
On January 23 (yesterday), the court was ready to read its judgment, but counsel to the first convict, Mr Victor Opara informed the court of a sick leave certificate for Nwosu, from a hospital in Enugu in which he was placed on bed rest.
He, thereafter, urged the court to grant an adjournment to a further date to enable Nwosu appear.
Opposing the application, EFCC counsel, Mr Rotimi Oyedepo, vehemently urged the court to proceed with its “business” for the day, adding that such excuse was aimed at “arresting” the court’s judgment.
In the interest of Justice, however, Justice Idris further adjourned the case till today for judgment and ordered that Nwosu be brought to court unfailingly today.
When the case was mentioned today, Mr Obinna Okereke announced his appearance for Nwosu, and informed the court that the convict was immediately informed to come down from Enugu after the court issued the order yesterday.
He, however, said that after Nwosu arrived Lagos, he was informed that he fainted at the park and had been rushed to a hospital at Ajangbadi in Lagos, where his blood pressure was said to have read 200/140
He also urged the court to grant a short adjournment to enable his appearance in court, adding that there was also a subsisting appeal in the instant case before the Court of Appeal.
Again, Oyedepo objected to the prayer for adjournment and citing the provisions of sections 305 and 314 of the Administration of Criminal Justice Act, he urged the court to proceed to deliver his judgment.
The prosecutor, described the request as a gimmick to stop the judgment.
He added: “A defendant who was able to travel from Enugu to Lagos, suddenly fainted when he arrived his destination; he did not faint on the way, I urge the court to refuse this excuse and proceed with the judgement.”
In a bench ruling, Justice Idris dismissed the request for adjournment on the grounds that by the provisions of the law, his judgment ought to be delivered within 90 days after adoption of addresses.
Delivering his judgment afterwards, which lasted for about 47 minutes, Justice Idris gave a clear insight as to what constituted Money laundering, conspiracy, as well as circumstantial evidence.
The court held that it was satisfied from the testimonies of prosecution’s witnesses which included an operative attached to the Special Task force of the Economic and financial crime commission, EFCC, Mr Usman Zakari who in his evidences tendered such as receipts of payments duly signed by the convicts, that the prosecution had been able to discharge the burden of proof on it, which in any case needs not be total.
Again, the court held that it was not in doubt that the convicts were guilty of the offences of conspiracy, as they both met in the bank to accept the cash payments of N70.05 million and N30 million out of the total sum of N264.8 million dole-out by the ex petroleum minister.
The court held: “I agree with the prosecution that the manner in which the transaction leading to this charge was consummated, shows clearly a
meeting of the minds.
“As stated earlier, the defendants showing their meeting of minds to commit the alleged offences, went to the bank, handed the cash to the second defendant, who conveyed same as instructed by the first defendant.
“They were not beneficiaries of any financial instruments or bank instrument, with which they can go to the bank to carry out such transaction; they made such cash payments without going through any financial institution and concealed, retained and used same.
“Any person who contravene any provisions of the money laundering Act, is liable upon conviction, to an imprisonment term of not less than seven
years imprisonment and not more than 14 years imprisonment.
“To prove its case, the prosecution need not call all the witnesses, but only such witnesses necessary to prove its case.
“In the light of the forgoing, I hereby find the accused guilty as charge.”
Following the absence of the first accused, the court deferred his sentencing to tomorrow, and ordered that the second accused who was present in court, be remanded in the EFCC custody pending sentence.