By Onyewuchi Ojinnaka
The Economic and Financial Crimes Commission (EFCC) closed its case on Friday December 11 in the criminal trial of Uyiekpen Giwa-Osagie and Erhunse Giwa-Osagie with testimony of its last witness Mallam Adamu Sulaiman before a Federal High Court sitting in Lagos.
Uyiekpen Giwa-Osagie (1st defendant) and Erhunse Giwa-Osagie (2nd defendant) are standing trial before Justice Chukwujekwu Aneke on a 3-counts charge of money laundering brought against them by the EFCC.
When the proceedings resumed on Friday, the witness Adamu Sulaiman while being led in evidence by EFCC counsel, Kufre Uduak, narrated how 26 million Euros was received by Guernsey Trust Company Ltd allegedly managed by the 1st defendant into the company’s account in Keystone Bank Plc.
The witness who is with the EFCC as an investigator said that sometime in February 2019, the Commission received intelligence that some politicians were moving around looking for Bureau de Change operators for exchange of foreign currencies into Naira to enable them use same to influence the outcome of general elections through vote buying.
According to him, the team set up to investigate the intelligence information discovered exchange of USD1.459 million in cash and N50.500 million also in cash from one Bureau de Change operator in Marina, Lagos known as Lawan Abdullahi .
” We commenced investigation into the source of funds. In the course of our investigation, we discovered that a company called Guernsey Trust Company Ltd managed by 1st defendant received Euros of about 26 million into his company’s in Keystone Bank Plc.
“The Euros were converted into USD and same was paid to USD account of the company in Keystone Bank.
“From the USD account, we discovered that transfers were made into Sterling Bank account of a company called Andrew Pick Port, being managed by the 2nd defendant Erhunse Giwa-Osagie.
“From the account, the 2nd defendant acting on the instruction of the 1st defendant, withdrew cash in the sum of USD 2 million and handed over to someone whose identity was not released to us.
“But from our interactions with the 1st defendant, he informed us that the person is a security personnel attached to the former vice president of Nigeria Alhaji Atiku Abubakar.
“In the course of the investigation, we requested for account statements of the two companies mentioned earlier and the banks responded,” he said.
The witness told the court that the defendants were invited by his team, they reported and volunteered statement in response to the findings of investigation. He added that the mentioned banks responded to the letters written to them.
The prosecution tendered the statements of the defendants and responses from the bank’s as evidence and they were admitted as exhibits.
Under cross examination by Ahmed Raji (SAN) counsel to 1st defendant, the witness admitted that none of the defendants is a politician.
In another question, the witness said that no cash was recovered from the defendants.
When asked if the Guernsey Trust as an entity is different from 1st defendant, he replied that the company is different from 1st defendant but is managed by him.
“Do you know how many directors in that company? The witness answered, “I cannot recall but there are other directors.
“Our investigation never revealed that none of the defendants went to procure votes”, said the witness
In answer to another question from the 1st defence counsel on whether the 2nd defendant withdrew cash, the witness said the statement confirmed the withdrawal.”Whatever he said is in the statement”
Defence counsel: Did the former vice president complain to you that his money was missing? Witness: “No my lord. There were transactions. Money exchanged hands.
On whether the sum of USD1.459 collected from the Bureau de change operator was returned to him, the witness answered in the affirmative.
While under cross examination by the 2nd defence counsel, Norrison Quakers (SAN), Adamu said his team wrote to the banks and requested account opening packages and statement of the defendants and companies.
He admitted that he wrote to the Corporate Affairs Commission (CAC).
When asked to show the court from the analysis of statement of account where the sum of USD 2million was withdrawn, the witness after going through the document shown to him, said he could not find it from the document.
Did you understand the charge for which the defendants are standing trial?Witness: “Yes.
All cash for withdrawal went through the bank? Witness: “Yes.At this juncture, defence concluded it’s cross examination.
Meanwhile, the prosecution informed the court that it has closed its case, paving way for defendants open defence.
The defendants informed the court of intention to file application for ‘no case submission’. Consequently, Justice Aneke fixed December 21 for hearing of the application.
The defendants were arraigned before a vacation judge, Justice Nicholas Oweibo in September last year on a 3-counts charge bordering on money laundering and was later reassigned to Justice Chukwujekwu Aneke after vacation for trial.
Some of the counts read: “That you Uyiekpen Giwa-Osagie and Erhunse Giwa-Osagie, sometime in February 2019 in Nigeria within the jurisdiction of this Honourable Court conspired to commit offence to wit: making cash payment of the sum of $2 million without going through financial institution which sum exceeded the amount authorised by law and you thereby committed an offence contrary to Section 18(a) and 1(a) of the money laundering (prohibition) Act 2011 as amended and punishable under Section 16(2)(b) of the same Act.
“That you Uyiekpen Giwa-Osagie on or before February 12, 2019, in Nigeria within the jurisdiction of this Honourable Court procured Erhunse Giwa-Osagie to make cash payment of the sum of $2 million without going through the financial institution which sum exceeded the amount authorised by law and you thereby committed an offence contrary to Section 18 (a) and 1(a) of the money laundering (prohibition) Act 2011 as amended and punishable under Section 16 (2) (b) of the same Act.