N75B SCAM: Ex-works Minister, Others Move To Abort Trial

Embattled former Minister of Works and stalwart of Congress for Progressive Change, CPC, in
Nasarawa state, Dr. Hassan Mohammed Lawal on Wednesday asked a Federal High Court siting in Abuja to quash the charge of money laundering instituted against him by the Economic and Financial Crimes Commission, EFCC.

Lawal, alongside 13 other accused persons standing trial over an alleged contract scam involving about N75 billion, pleaded with the court to quash the charge alleging that they committed the crime for which they are standing trial.
They claimed that the charge against them which EFCC brought under section 14 (a) of the Money Laundering Prohibition Act 2004 has no relation with the alleged crime committed by them.

The crime for which they are standing trial, they argued, related to the construction of bridges in
Kogi and Nasarawa states whereas the section of the Money Laundering Prohibition Act under which they are being tried has to do with conversion of resources from illicit traffic of narcotic drugs and claimed that the charge breached the provision of section 36 (6) (e)of the nation’s constitution which demands that details of their crimes and how they allegedly committed it be made readily available to them for their preparation for defence.

They argued that there is no nexus between the construction of bridges in Kogi and Nasarawa states and traffic in illicit narcotic drugs and claimed that the anti-graft agency had exhibited malice against them and by not joining the civil servants involved in the alleged contract scam in the case.

He also argued that the summary proceedings he’s been made to face by the anti-graft agency violates his fundamental right to fair hearing and urged the court to declare the sections of the Criminal Procedure Act which okays such summary proceedings null and void.

In its opposition to the call to quash the charges, the EFCC denied any malice against the accused persons, noting that the agency has the prerogative over who to prosecute and who not to.

The agency also argued that the former minister should take his case to the legislative arm of Government for them to amend the Criminal Procedure Act but that as things stand, that summary trial is allowed by the law.
On the absence of a nexus between the alleged crime and the money laundering Act, the agency observed that no where in the charge sheet was the construction of bridges mentioned and that the funds which the accused persons converted or misappropriated flowed from a civil transaction where the Federal Government made available part of the funds in the Concession agreement while the accused persons refused to bring their contribution but went on to misappropriate Federal Government’s funds.

It also claimed that the inclusion of the word “or any other illegal act” in section 14 (a) of the MLPA 2004 allows for the charges to be brought under the section and urged the court to refuse the accused persons application to quash the charge and to allow trial to commence so that the accused will have the opportunity to explain what they did with government money.

The presiding judge, Justice Adamu Bello, subsequently adjourned till 12 December to rule on the matter.

By Nnamdi Felix/Abuja