By Onyewuchi Ojinnaka
Akwa Ibom State Governor, Emmanuel Udom, on Thursday lost the bid seeking to quash the entire charge preferred against the President Nigerian Bar Association (NBA), Paul Usoro (SAN) by the Economic and Financial Crimes Commission (EFCC).
The trial judge, Justice Mohammed Rilwan Aikawa of the Federal High Court Lagos Nigeria, dismissed the application seeking to quash the charge
Usoro was charged alongside Udom and others in a case of money laundering to the tune of N1.4 billion, belonging to the Akwa Ibom State government.
The NBA President was first arraigned before Justice Muslim Hassan of the same court on December 18, 2018 and was later re-arraigned before Justice Aikawa on a 10- count charge.
One of the counts reads:
“That you, Paul Usoro, SAN, Emmanuel Udom (currently constitutionally
immune against criminal prosecution), Uwemedimo Thomas Nwoko (still at
large), Nsikan Linus Nkan, Commissioner of Finance, Akwa Ibom State
(still at large), Mfon Jacobson Udomah, Accountant-General, Akwa Ibom
State (still at large) and Margaret Thompson Ukpe (still at large)
sometime in 2015 in Nigeria, within the jurisdiction of this Honourable
court, conspired amongst yourselves to commit an offence, to wit:
conversion of the sum of N1. 410, 000, 000, 000.00 (One Billion, Four
Hundred and Ten Million Naira), property of the Government of Akwa Ibom
State of Nigeria, which sum you reasonably ought to have known forms
part of the proceeds of an unlawful activity to wit: criminal breach of
trust and thereby committed an offence contrary to Section 18(a) of the
Money Laundering (Prohibition) Act, 2011 as amended and punishable under
Section 15(3) of the same Act.”
In his ruling on the application which was argued on 10th of May, Justice Aikawa held that the application filed by Udom lacked merit due to the fact that the charge before the court did not include the Governor and his aides as defendants.
The Judge said: “In a criminal suit, there are two segments: the complainant and the defendant(s).
“In this charge before me, the complainant is the EFCC and the defendant is Paul Usoro.
“Given the fact that the name of the applicant was mentioned in counts one to four does not make him a defendant in this case.
“It is also unconstitutional for the Federal Government to investigate and prosecute a serving governor. Governor Udom cannot be charged in view of the immunity he enjoys, including his aides, and also due to the fact that the N1.4 billion were funds belonging to Akwa Ibom State and not Federal Government.”
The Judge further held that the applicant could not apply to the court to quash the charge or seek fair hearing as prayed in the application because he is not a defendant in the case.
Justice Aikawa, therefore, ordered the prosecution to serve the defence team with the “proof of evidence”, prosecution witnesses’ statements and letters from both Access Bank and Diamond Bank.
The prosecution was also ordered to furnish the defence team with the documents within seven days.
Justice Aikawa adjourned the case to June 3, 2019 for continuation of trial.
