By Onyewuchi Ojinnaka
The widely reported expected arraignment of former Director-General of National Intelligence Agency (NIA), Ambassador Ayodele Oke and his wife Folashade before a Federal High Court in Lagos Nigeria on February 6 could not hold as scheduled.
TheNiche gathered that the prosecuting agency, the Economic and Financial Crimes Commission (EFCC) has not been able to serve Ambassador Ayodele Oke and his wife Folasade with the money laundering charge filed against them.
The prosecuting counsel Rotimi Oyedepo told Justice Chukwujekwu Aneke that they could not effect service of the charge to the defendants because they are still outside the court’s jurisdiction.
“We are having issues with service of the charge,” Oyedepo told court.
According to him, the Commission made unsuccessful efforts to reach Oke and his wife.
“We have gone to their known addresses but could not find them to be able to serve them with the charge,” Oyedepo submitted.
He noted that the Administration of Criminal Justice Act (ACJA) empowers the judge to make an order compelling the defendants to appear in court.
But, stating the obvious, Justice Aneke said he could not make any such order because the case was not yet properly before him.
“I’ve not seen your file. It’s when I see the file that I can determine the urgency of any application.
“I can’t exercise my discretion without seeing the efforts you’ve made on paper,” the judge said.
He then asked Oyedepo to return in 24 hours with the necessary processes.
The defendants’ whereabouts is unknown, with reports saying they are outside the country. Oke and his wife were charged in connection with the $43, 449, 947, 000 found in Flat 7B, No. 16 Osborne Road, Osborne Towers in Ikoyi Lagos, Nigeria.
Justice Muslim Hassan had on June 6, 2017, granted a final forfeiture order of the funds since no one appeared before the court to claim ownership.
The four-count charge preferred against the couple was signed by Oyedepo, Nnaemeka Omewa and Idris Abubakar Mohammed.In its Proof of Evidence, EFCC stated how Flat 7B was bought for $1, 658,000 (N596, 880,000).
It stated that one Alhaji Shehu Usman Anka will give evidence of the receipt of the sum of $1, 658,000 from Folasade, wife of the ex-NIA boss.
The anti-graft agency also said that the agency got about $289, 202, 382.00 from the Central Bank of Nigeria (CBN), adding that one Benjamin Kiksenenso will give evidence of how he was instructed to go to the CBN to collect the $289, 202, 382.00.The charges against the ex-NIA boss and his wife are:
“That you, Amb. Ayodele Oke, Mrs. Folasade Ayodele Oke on or about the 12th day of April 2017 in Lagos concealed the sum of $43, 449, 947, 000 property of the Federal Government of Nigeria in Flat 7B, No. 16 Osborne Road, Osborne Towers, Ikoyi Lagos which sum you reasonably ought to have known formed part of proceeds of an unlawful act to wit: criminal breach of trust and you thereby committed an offence contrary to Section 15 (2) (a) of the Money Laundering (Prohibition) (Amendment) Act 2012 and punishable under Section 15(3) of the same Act.
“That you Amb. Ayodele Oke and Mrs. Folasade Ayodele Oke between 25th day of August 2015 and 2nd day of September 2015 in Lagos, within the jurisdiction of this court indirectly used the sum of $1, 658, 000 property of the Federal Government of Nigeria to acquire Flat 7B, No. 16 Osborne Road, Osborne Towers, Ikoyi Lagos which sum you reasonably ought to have known formed part of proceeds of an unlawful act to wit: criminal breach of trust and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) (Amendment) Act 2012 and punishable under Section 15(3) of the same Act.
“That you Amb. Ayodele Oke and Mrs. Folasade Ayodele Oke between 25th day of August 2015 and 2nd day of September 2015 in Lagos, within the jurisdiction of this court directly retained $160, 777, 136. 85 property of the Federal Government of Nigeria which sum you reasonably ought to have known formed part of proceeds of an unlawful act to wit: criminal breach of trust and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) (Amendment) Act 2012 and punishable under Section 15(3) of the same Act.
“That you Amb. Ayodele Oke and Mrs. Folasade Ayodele Oke between 25th day of August 2015 and 2nd day of September 2015 in Lagos, within the jurisdiction of this court directly converted $160, 777, 136. 85 property of the Federal Government of Nigeria to your own use which sum you reasonably ought to have known formed part of proceeds of an unlawful act to wit: criminal breach of trust and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) (Amendment) Act 2012 and punishable under Section 15(3) of the same Act.”
Justice Aneke adjourned until February 7 to enable him look at the file.
