By Onyewuchi Ojinnaka
The ongoing trial of former Minister of State for Finance Nenadi Usman, former Minister of Aviation, Femi Fani-Kayode and two others continued on Wednesday before Justice Rilwan Aikawa of a Federal High Court sitting in Lagos, Nigeria with a disclosure that former Imo State Governor Achike Udenwa received N350 million for former President Jonathan campaign in 2015.
A Prosecution witness, Seun Shuaibu while being led in evidence by the Economic and Financial Crimes Commission (EFCC) prosecutor, Rotimi Oyedepo, told the Court that Usman and others transferred N350 million to Udenwa.
The witness, an Investigation Police Officer (IPO) with the EFCC gave the evidence at the resumed trial of Usman, Femi Fani-Kayode, Joint Trust Dimension Ltd and former Chairman of Association of Local Governments of Nigeria (ALGON) Yusuf Danjuma who are standing trial over N4.6 billion money laundering charges.
The defendants had each pleaded not guilty to the 17-counts charge of money laundering preferred against them by the EFCC and were admitted to bails.
While testifying on Tuesday, Shuaibu, who is the third prosecution witness (PW3), told the court that on January 13, 2015, N400 million was transferred to the account of Joint Trust Dimension Ltd, from the Ministry of External Affairs.
The prosecutor, asked the witness to give a synopsis of his findings in relation to exhibit eight; the statement of account of the company, and the funds paid into the account on January 13, 2015.
While narrating his findings, the witness told the court that on the same date January 13, 2015, N120 million was transferred to Udenwa, and also to one Biola.
He stated that the commission had invited Udenwa to its office in relation to the transfer, adding that his statement was taken after a cautionary word.
According to the witness, the former governor admitted receiving the funds and claimed that it was for the purpose of political campaign for former President Goodluck Jonathan.
“We invited Achike Udenwa to our office.
“He reported to our office. His statement was taken under the word of caution. He admitted receiving the funds and claimed that the funds were transferred to him and that the funds were used for campaign of former President Jonathan” the witness said.”
The prosecutor then asked: “From your investigation, was that the only time Udenwa received funds from Joint Trust?”
The witness replied ‘No’.
Giving further synopsis, the witness told the court that the former governor received payments in about three installments.
He said on January 15, 2015, the sum of N30 million was paid into his account, and also on January 28, 2015 another sum of N200 million was paid into his account, and all remittances were said to be for same purpose of political campaign.
Prosecutor asked: “Still on your findings in relation to Joint Trust, can you confirm if you had any contact with a company called “Friendship Express”
The witness replied “Yes” and told the court that on January 13, 2015, the sum of N80 million was paid into the Friendship Express Company from Joint Trust.
He added that the Director of the company was invited to the Commission’s office, and his statement was taken. He admitted receiving the funds.
At this stage, counsel to the first defendant, Chief Ferdinard Orbih (SAN) raised objection to the testimony of the witness on the grounds that the witness could not give evidence as to the content of a document which was not front-loaded.
He called such evidence adduced by the witness, as a triple hearsay, and urged the court to expunge the evidence from its record.
The Second defence counsel, Mr Norrison Quakers (SAN) agreed with the submissions of first defence counsel and similarly requested that the witness statement should not be recorded.
In reply, Oyedepo argued that the evidence of a witness as to what a suspect under his investigation told him, cannot amount to a hearsay.
Citing the authority of Olaoye Vs State, he described the evidence as direct, and urged the court to so hold.In his ruling, Justice Rilwan Aikawa, overruled the objection of defence counsel, and ordered the witness to proceed with his evidence.
In continuation of his evidence, the witness told the court that during the course of investigation, the sum of N40million was recovered out of the N80million paid to the company.
Prosecutor :”Confirm to the court if you came across one Musa Mohammed Sada”
Witness: “Yes”
Oyedepo: “From exhibit eight, particularly on Jan 16, 2016, tell the court your findings as to the entry on that date, ”
Witness replied that on Jan. 16, 2015, investigations revealed that the sum of N800 million was transferred from the Ministry of External Affairs to the account of Joint Trust Dimension Ltd, without execution of any contract.
Oyedepo “How did you meet Musa Mohammed Sada”
Witness said: “On Jan. 19, 2015, the sum of N80 million was transferred from Joint Trust to Musa Sada’s account; we invited him and his statement was taken ”
According to the witness, Musa then refunded the sum of N25million .
Oyedepo: “At the last adjourned date you identified exhibit nine, as the instrument for the transaction which are the cheques of Joint Trust, can you remember ”
Witness: “Yes”
When shown the original copies of the cheques to identify, the witness confirmed they were same cheques.
The prosecution tendered the 21 cheques before the court in evidence.There was no objection from defence counsel and the court admitted them in evidence as exhibits 10 (i-xx).
The court has adjourned until February 21 (tomorrow) for continuation of trial by 11.00am.
In the charge, the defendants were alleged to have committed the offences between January and March 2015.
In counts one to seven, they were alleged to have unlawfully retained over N3.8 billion which they reasonably ought to have known formed part of the proceeds of an unlawful act of stealing and corruption.
In counts eight to 14, they were alleged to have unlawfully used over N970 million which they reasonably ought to have known formed part of an unlawful act of corruption.
Also, in counts 15 to17 Fani-Kayode and one Olubode Oke, who is said to be at large, were alleged to have made cash payments of about N30 million, in excess of the amount allowed by law, without going through a financial institution.
Besides, Fani-Kayode was alleged to have made payments to one Paste Poster Co (PPC) of No. 125, Lewis St., Lagos, in excess of amounts allowed by law.
All offences were said to have contravened the provisions of sections 15 (3) (4), 16 (2) (b), and 16 (5) of the Money laundering (prohibition) (Amendment) Act, 2012.