Money Laundering: Court awaits CJ’s response as Ofili-Ajumogobia wants case reassigned, matter continues Feb 6

By Onyewuchi Ojinnaka

Justice Mohammed Rilwan Aikawa of a Federal High Court  sitting in Lagos,  Nigeria on Monday, stayed further proceedings in the alleged money laundering trial against embattled former Federal High Court judge, Justice Rita Ofili-Ajumogobia until February 6, 2020. 

Justice Aikawa said that he will stay proceedings until February 6, to await the outcome of a letter to Chief Judge of the Federal High Court, seeking a re-assignment of the case.

The Economic and Financial Crimes Commission (EFCC) had charged Ofili-Ajumogobia (1st defendant) and a Senior Advocate of Nigeria, Godwin Obla(2nd defendant), on 18 counts bordering on conspiracy, unlawful enrichment, retention of crime proceeds and money laundering.

The defendants were re-arraigned on May 15, and both had pleaded not guilty to all counts of the charge.

The court had granted them bail in the sum of N10million each, with two sureties in like sum.

At all times during the commencement of the case,  Chief Robert Clarke (SAN) had appeared for the first defendant, while Chief Ferdinand Orbih (SAN) had appearend for the second defendant.

When the case was called on Monday, Mr U.U Buhari appeared for the prosecution while Messrs Mobolaji Kuti and Ferdinard Orbih (SAN) appeared for the first and second defendants respectively.

Buhari then informed the court that the prosecution was ready to proceed with trial.

But, Orbih informed the court that defence had written a letter to the Chief Judge of the Federal High Court on November 14 , in relation to the case, while on November 26 it took further steps to notify the court of its action. The said letter seeks a re-assignment of the case.

He, then urged the court in the circumstance, to grant a time frame to enable the Chief Judge arrive at a decision one way or the other in respect of the letter.

Responding, Buhari informed the court that he had not seen any of the said letters and is also not aware if the commission had been served.

He, however said that whatever be the case, such letter should not serve as a stay of proceedings since the outcome is not yet known.

On his submission, Orbih urged the court to allow time for the C.J. to reach a decision, positing that if a decision is reached in favour of defence then it will render all proceedings a wasted effort.

Justice Aikawa consequently, adjourned the case until February 6 pending the C.J.’s decision.

“I hereby stay proceedings till February 6, pending the decision of the CJ on the issue, ” the judge said.

In the charge, EFCC alleged that the duo conspired on May 21, 2014, to indirectly conceal different sums of money, in the Diamond Bank account of Nigel & Colive Ltd, a company alleged to be operated by Ajumogobia.

They were also alleged to have conspired to retain in same account, the sum of N500 million, which they both reasonably ought to have known formed part of proceeds of unlawful acts of unlawful enrichment.

Specifically, Ajumogobia was alleged to have on different dates in 2014, retained sums of monies such as N5million, 150,000 dollars, 20,000 dollars, 30,000 dollars, 50,000 dollars, and 55,000 dollars in the Diamond bank account of Nigel and Colive.

The EFCC further accused Ajumogobia of indirectly concealing the sum of N12million in the same account, and making false statement to the EFCC that the money was payment for sale of a landed property. 

The alleged offences contravene the provisions of Sections 15 (2) (a) and 18 (a) of the Money Laundering Prohibition Act, 2011.