By Onyewuchi Ojinnaka
Senior Correspondent
A Federal High Court Lagos, on Tuesday, was told that an Executive Director of First Bank Plc, Dauda Lawal, laundered funds on behalf of former Minister of Petroleum Resources, Diezani Allison Madueke.
The revelations were made in open court by counsel representing the Economic and Financial Crimes Commission (EFCC), Mr. Rotimi Oyedepo, while responding to a counter affidavit by Lawal who is also seeking to discharge an interim forfeiture order of the sum of N9.08 billion.
It would be recalled that Justice Muslim Hassan had on January 6, issued an interim order of forfeiture of the said sum to the Federal Government, following an exparte application by EFCC seeking similar relief.
The anti-gaft agency had initiated an exparte application seeking an interim order for the temporary forfeiture to the FG of the sum, which it claims is linked to Diezani.
The court had also issued 14 days ultimatum to any interested party to appear and prove the legitimacy of the monies, failing which the funds would be permanently forfeited to the FG.
At the resumed hearing of the matter on Tuesday, Mr Charles Adeogun announced appearance for Lawal, who is joined as respondent in the suit while Oyedepo announced appearance for the EFCC.
Oyedepo informed the court that in line with its interim orders of January 6, the EFCC had served the application on Lawal.
He further informed the court that the order was also published in the Independent Newspaper of January 12, in compliance with the orders of the court.
Responding, counsel to Lawal, (Adeogun) confirmed the position, submitting that he had filed a counter affidavit deposed to by Lawal, challenging the said forfeiture orders.
Arguing his application, he urged the court to issue an order directing a refund of the sum of N9.08 billion to his client on the grounds that it was obtained by coercion.
He argued that before such forfeiture orders could be made, two essential elements must be satisfied namely: “that the property in question is unclaimed, and that such property or funds forms proceeds of an unlawful act”.
He said: “We became aware of the forfeiture order when the interim order was served on us; My client was never confronted with these sets of facts during his incarceration at the EFCC.
“After service of the orders, I requested for the statement of my client to the commission, but same was never given to me,” he stressed.
Arguing further, Adeogun said that his client admitted having received the sum of $25 million in clear dispensation of his duties, but was coerced by the commission to further admit receiving a total of $65 million.
According to him, the sum of $40 million was therefore taken as an overdraft from his bank to off set the alleged extra sum.
Consequently, he urged the court to order the immediate refund of the sum to his client.
In his reply, Oyedepo submitted that the tenure of Section 17 of the Advanced Fee Fraud and Other Related Offences Act, makes a property which is reasonably suspected to be proceeds of crime, forefeitable to the FG.
“Going by the facts and circumstances of this particular case, can it be said that the sum of N9.08 billion which is the naira equivalent of $40 million was not reasonably suspected to form proceeds of a crime”,he asked
He argued that paragraph 4 of the applicant’s reply affidavit shows a meeting of the minds of some staffs of the Nigeria National Petroleum Corporation (NNPC) as well as the respondent to launder funds.
“My lord, paragraph 4 of our reply affidavit shows a meeting of the minds of one Gbenga Komolafe, former Group Managing Director, Crude Oil Marketing division, NNPC, Prince Haruna Momoh, former Group Managing Director, Petroleum Product Marketing company, Umar Farouk Ahmed, Managing Director, Nigerian Product Marketing company as well as Dauda Lawal, to launder funds on behalf of former petroleum minister, Diezani Allison Madueke,”
According to Oyedepo, “it will amount to contesting the obvious for Lawal to argue that he had no knowledge of the said sums”.
He contended that it was uncommon for a law enforcement agency like the EFCC to detain a person in its custody perpetually without an order of the court, adding that the statement of Lawal was lawfully obtained.
“The respondent was duly cautioned before he voluntarily made his statement at the commission, and his lawyer even appended his signature further attesting to the fact that the statements were obtained voluntarily.
“So having freely volunteered a statement, he cannot urge my lord not to attach full probative value to his statement.
“I submit that the appropriate order in the circumstance is for the court to order a final forfeiture of the sum of N9.08 billion already surrendered by the respondent, to the Federal government.
“I urge the court to so hold,” he prayed.
After listening to the submission of counsels, Justice Hassan fixed February 16 for judgment.