By Jude-Ken Ojinnaka
The continuation in the trial of embattled former Speaker of the Lagos State House of Assembly, Adeyemi Ikuforiji charged by the Economic and Financial Crimes Commission (EFCC) over N338.8 million Money Laundering resumed on Wednesday at the Federal High Court sitting at Ikoyi in Lagos.
However due to the absence of the defendants, the court adjourned the matter to May 3 and 4.
The continuation of the trial suffered some adjournments on various dates and delays due to some reasons known to the parties.
When hearing of the the case resumed on Wednesday March 15, Mr Ekene Iheanacho, announced appearance for the prosecution.
He drew attention of the court to a letter for adjournment written by defence counsel, and decried the slow pace of the trial in the suit.
Iheanacho argued that the letter requesting adjournment this day, was written by defence counsel and not the defendants themselves. He contended that the defendants had no reason to be absent from court.
The prosecutor, consequently, made an oral application that a bench warrant be issued against the defendants and their bails be revoked.
In a short ruling, the court in its wisdom, directed the defendants to ensure they are present for trial on the next date, failing which their bails may be revoked and a bench warrant issued.
The court adjourned the case until May 3 and 4 for continuation of trial.
Ikuforiji is charged by the Economic and Financial Crimes Commission (EFCC) alongside his former Personal Assistant, Oyebode Atoyebi on 54 counts charge bordering on the offence.
Both of them had pleaded not guilty before Justice Mohammed Liman, and were allowed to continue on an earlier bail granted to them in 2012 when they were first arraigned.
On March 17, 2021, the EFCC closed its case after calling the second witness for the prosecution, Mr Adewale Olatunji, a former Clerk of the Lagos House of Assembly. The prosecution called only two witnesses in support of its case.
The case was then adjourned for the defence to open its case and begin its defence.
However, Justice Liman was later transferred out of the Lagos Division and is now presiding over the case by fiat.
Recall that the defendants were first arraigned on March 1, 2012 before Justice Okechukwu Okeke on a 20-count charge bordering on misappropriation and money laundering. The defendants had each pleaded not guilty to the charges and were granted bails.
They were however, subsequently re-arraigned before Justice Ibrahim Buba, following the re-assignment of the case to him.
Buba had granted them bail in the sum of N500 million each with sureties in like sum.
On September 26, 2014, Justice Buba discharged Ikuforiji and his aide of the charges, after upholding a no case submission of the defendants.
Buba had held that the EFCC failed to establish a prima-facie case against them.
Dissatisfied with the ruling, the EFCC through its counsel, Mr Godwin Obla (SAN), filed the Notice of Appeal dated September 30, 2014 challenging the decision of the trial court.
Obla had argued that the trial court erred in law when it held that the counts were incompetent because they were filed under Section 1(a) of the Money Laundering (Prohibition) Act, 2004 which was repealed by an Act of 2011.
EFCC further argued that the lower court erred in law when it held that the provisions of Section 1 of the Money Laundering (Prohibition) Act, 2004 and 2011, only applied to natural persons and corporate bodies other than the Government.
Furthermore, the Commission had submitted that the trial judge erred in law when he held and concluded that the testimonies of the prosecution witnesses supported the innocence of the respondents.
In its judgement in November 2016, the Lagos Division of the Appeal Court upheld the arguments of the prosecution and ordered a fresh trial of the defendants before another judge.
Following the decision of the Appeal Court, the defendants headed for the Supreme Court, seeking to upturn the ruling of the Appellate court.
Again, in its verdict, the Apex court also upheld the decision of the appellate court and ordered that the case be sent back to the Chief Judge of the Federal High Court for reassignment to another judge.
According to the charge, EFCC alleged that the defendants accepted cash payments above the threshold set by the Money Laundering Act, without going through a financial institution.
The Commission accused the defendants of conspiring to commit an illegal act of accepting cash payments in the aggregate sum of N338.8 million from the House of Assembly without going through a financial institution.
Ikuforiji was also accused of using his position to misappropriate funds belonging to the Assembly.
The EFCC contended that the defendants committed the offences between April 2010 and July 2011.
According to the EFCC, the offences contravenes the provisions of Sections 15 (1d), 16(1d) and 18 of Money Laundering Act, 2004 and 2011.
