By Onyewuchi Ojinnaka
The President of the Nigerian Bar Association (NBA) Paul Usoro (SAN) on Friday, pleaded not guilty to a 10-count charge of N1.4 billion money laundering preferred against by the Economic and Financial Crimes Commision (EFCC).
He did as the court issued a bench warrant for the arrest of Akwa Ibom State government officials named in the charge.
The Commissioners affected by the bench warrant are Commissioner for Finance, Nsikan Linus Nkan; Attorney- General and Commissioner for Justice, Uwemedimo Thomas Nwoko; Acvountant-General Mfon Jacobson Udomah and Margaret Thompson Ukpe.Usoro who was first arraigned before Justice Muslim Sule Hassan on December 18, 2018, maintained his plea of not guilty when he was re-arraigned on Friday before Justice Mohammed Rilwan Aikawa, following a reassignment of the case to the judge by the Chief Judge.
Also named in the charge, is the incumbent governor of Akwa Ibom, Emmanuel Udom, who is described in the charge as being “currently constitutionally immuned against criminal prosecution”
Others charged are: The Akwa Ibom State Commissioner for Finance, Nsikan Linus Nkan; Accountant-General of Akwa Ibom State, Mfon Jacobson Udomah; The Akwa Ibom State Attorney-General, Uwemedimo Thomas Nwoko and Margaret Thompson Ukpe.
The aforementioned defendants are said to be at large.Usoro had pleaded not guilty to the charges before Justice Hassan and was granted bail, but before the commencement of trial, the case was subsequently transferred to another judge, Justice Chuka Obiozor, following application by defence.
On February 14, when the case came up before Justice Obiozor, he read a short ruling , he declined to hear the case, saying that he had personally recused himself from the case on personal grounds, adding that the case file will be returned back to Chief Judge for re-assignment to another judge.Consequently, the case was re-assigned to Justice Aikawa as the third judge before whom the charge is presented.When the matter was called up on Friday, Mr Rotimi Oyedepo announced his appearance for the EFCC while Mr Ifedayo Adedipe (SAN) appeared for the defendant.
The 10-count charge was read to Usoro and he also pleaded not guilty to all counts.
After taking his plea,defence counsel then made an application for the defendant to continue with the bail earlier granted him by the first judge, (Hassan) the application was opposed by prosecution counsel who argued that having applied that the case be transferred from Hassan, the defence cannot therefore, benefit from the bail granted by same judge.
He submitted that although he was not opposed to bail, the court should grant its own bail terms as the matter was commencing afresh before it.After listening to respective submissions of counsel, Justice Aikawa held that in his view, bail is peripheral to a trial as it does not affect the substance of the trial, adding that the court has a discretion to depart from or adopt the earlier terms granted.
Consequently, he then held that in view of the circumstances, the conditions imposed by his learned brother, Hassan J., are hereby adopted.The terms granted by Justice Hassan and same adopted by instant court are:(a) The defendant is granted bail in the sum of N250million with one surety in like sum.
(b) The surety must be the owner of a landed property within the court jurisdiction,or a public servant not below the rank of a Director in the Federal or State civil service.
(c) The sureties are to deposit their title document with the court’s registry.
(d) The defendant to deposit his international passport with the court’s registry.
The court held that the above terms are hereby adopted, but only added that where the surety is a civil servant, his credentials must be verified by the court’s registry.
Besides, court also adopted the terms granted by Justice Hassan,and released Usoro to a Senior Advocate of Nigeria, Mr Effiong B.Effiong, pending the perfection of his bail conditions.After the re-arraignment of Usoro Oyedepo then informed the court that he had an innocuous application to make and urged the court to issue a bench warrant for the arrest and production in court of the persons mentioned in the body of the charge and who are described as ‘being at large’.
They are Uwemedimo Thomas Nwoko, Margaret Thompson Ukpe, Nsikan Linus Nkan, and Mfon Jacobson Udomah.
He urged the court to compel the appreance of the suspects due to the inability of the Commission to produce them.
He contended that the ACJA empowers the court to compel the appearance of a suspect either by a summon or warrant.”We seek your lordship’s order to compel their attendance.”
We seek to bring them before the court in the interest of justice” Oyedepo submitted.
But Usoro’s counsel, opposed the application, saying, “The individuals were not charged before the court. Until they are charged, you cannot order their arrest”, Adedipe argued.
After listening to submission of counsel, the court granted the application of the prosecution and ordered that bench warrant be issued against the named persons.
The case was adjourned till March 18 and 19 for trial.In the charge marked FHC/418c/18, the EFCC alleged that the accused committed the offence on May 14, 2016.
It was alleged that Usoro, conspired with others, to commit the offence within the jurisdiction of the court.
He was alleged to have conspired to convert the sum of N1.4 billion, property of Akwa Ibom State Government, which sum they reasonably ought to have known formed part of the proceeds of an unlawful activity.
The prosecution said that the unlawful activity include criminal breach of trust which contravenes the provisions of Section 15 (2), 15(3), and 18 (A) of the Money Laundering (Prohibition) Act, 2011
