By Onyewuchi Ojinnaka
Judgment in the trial of Waripamo Owei-Dudafa, an aide to former President Jonathan and another defendant facing charges of N1.6 billion money laundering has been reserved to a later date by the trial judge, Justice Mohammed Idris Justice.
Idris reserved judgement after counsel in the suit had adopted their respective final addresses before the court.
After the adoption, the judge thanked counsel to the parties for their diligence while trial lasted and said that date for the judgement will be communicated to them later.
Dudafa is charged by the Economic and Financial Crimes Commission (EFCC) along with one Joseph Iwejuo, a staff of Heritage Bank, on a 23 count charge bordering on money laundering.
The Commission docked them before Justice Mohammed Idris who was then a judge of the Federal High Court, Lagos on charges of conspiracy to conceal proceeds of crime amounting to over N1.6 billion on June 11, 2013.
The prosecution closed its case on March 16, 2018, after calling seven witnesses and tendering several exhibits.
The defence had initially filed and argued a no-case submission in its defence and had urged the court to dismiss the case, on the grounds that the prosecution failed to establish any case against them.
Justice Mohammed Idris had in a ruling delivered in August 2018, dismised the no case submission of defence, on the grounds that they had some explanations to make on the exhibits and evidences already adduced by prosecution.\
Defence had consequently, entered its defence, calling two witnesses and tendering exhibits.It closed its case in November 2018 after which the court adjourned for adoption of final addresses.In adopting his final address on Wednesday, the prosecutor, Mr Rotimi Oyedepo said it was dated February 19, and he adopted same as his argument. He urged the court to convict the defendant.
By way of adumberation, Oyedepo argued that prosecution had been able to lead sufficient evidence in establishing a case of money laundering, conspiracy as well as concealment of proceeds of unlawful act, against the defendants.
According to him, the prosecutor presented to the court two defendants, one in the employment of the Federal government and the second in the employment of a bank.
He argued that from the evidences before the court, it is clear that the various monies traced to the account of some companies such as Avalon Global Property Development Company Ltd, Seagate Property Development and Investment Ltd, were not the legitimate salary of the first defendant.He submitted that the first defendant in his statement, admitted collecting bags of money which he said were kept in the official quarters of the President.
According to him the offence of Money laundering does not have its root in Nigeria as it is an international jurisprudence, adding that its application in Nigeria is seeking to prohibit reckless movement of funds.
He argued that the defendant employed the best form of concealment of proceeds of unlawful act, by keeping same in account without his identity, and engaging the second defendant to operate same.
“From the manner in which these transactions were consummated, the court can see clearly a meeting of minds to commit same.
“The second defendant was running an account under different identity so as to conceal the offence.
“If it was a legitimate transaction, the first defendant will not procure the second defendant to run the account and receive funds in same.”All that the prosecution is enjoined to know is the reasonability of their knowledge that same constitutes an offence, ” he said.
Prosecutor argued that it is an offence for a public officer to confer undue advantage to himself, adding that it is wrong for any official of governemnt to receive gratification or gifts in the course of performing his duty.
Besides, Oyedepo argued that claim by the defendant that the monies were donated to a church, was only an after thought which the court is not expected to act upon.
He urged the court to hold that the prosecution is not expected to prove its case beyound every shadow of doubt but only beyound reasonable doubt, and called on the court to uphold his argument and convict the defendants.
On his part, defence counsel, Mr Gboyega Oyewole (SAN) in adopting his final address, urged the court to discharge and acquit the defendant ,as the prosecution had failed to establish any ingredient of the offence against the defendant.
According to him, the defendant had pleaded not guilty to three phases of counts in the charge, and the onus remained constant with the prosecution to establish the sources of the funds as alleged.
He argued that the prosecution called seven witnesses which included three bankers, two shop owners at Okota, one Bureau De change operator and an EFCC investigator.
According to him, non of these witnesses led any evidences or tendered any exhibits to establish essential elements of the charge against the defendant.
For instance, he argued that the purported owner of the account in which monies were paid was never called as a witness and one Festus Iyoha to whom monies were allegedly handed to, was also not called as a witness.He said that this failure to call the desired witnesses was fatal to the case of the prosecution, adding that the charge agasint the defendant must fail consequently.”
Of all the assertions made by the defendant in relation to the source of the funds, no further investigations was made by prosecution; they did not call the people mentioned by the defendant or take their evidences.
“If you allege that the source of a fund is illegal then you ought to discharge that burden of proof and call witnesses to establish same.”
According to him, the defendant merely acted on instruction to” pay”, adding that before a court can safely convict, it ought to look at the provisons of the law and the charges.
He argued that it was not a strict liability offence and urged the court to discharge and acquit the defendant.
Second defence counsel Mr Ige Asemudara also adopted his final address in urging the court to discharge and acquit the defendant.After listening to the respective submissions of counsel, Justice Idris reserved his judgment to a later date which will be communicated to parties.
He thanked respective counsel as well as the media for seeing through the end of the trial, and informed everyone that the instant case marked the end of his sitting over trials at the lower court, as all his fiat totaling 19 had been executed.
During trial, the prosecution called seven witnesses and tendered exhibits A to Q before the court.The defence called two witnesses and tendered several exhibits.
The offences for which the defendants are charged contravenes the provisions of Sections 17(a), 18 (c), and 27 (3) (c) of the EFCC Establishment Act 2004.
