By Onyewuchi Ojinnaka
A Federal High Court sitting in Lagos, Nigeria has discharged and acquitted Dr. Emmanuel Waripamo-Owei Dudafa, Senior Special Assistant to former President Goodluck Ebele Jonathan, who was charged along with a banker, Mr Iwejuo Joseph by the Economic and Financial Crimes Commission (EFCC) for conspiracy, forgery and laundering of the sum of N1.6 billion.
Also discharged and acquitted alongside Dr. Dudafa, on the alleged offences, is a banker, Iwejuo Joseph.
On the day of judgment delivered by Justice Mohammed Idris,
on Thursday, the EFCC was represented by Rotimi Oyedepo, while Dudafa was represented by Kolawole Salami and Ademola Adefolaju, who stood for Mr. Gboyega Oyewole (SAN) while the banker was represented by Mr Ige Asemudara.
In discharging the duo of the 22 counts charge, Justice Idris held that the prosecution has failed to prove its case against the two men.
The judge also said the prosecution was unable to link Dudafa and Iwejuo to the said crimes.
While reviewing the documentary and oral evidences of the parties, the judge held that prosecution case collapsed because they failed or refused to call vital witnesses that would have help their case.
In particular, the judge held that the failure of the prosecution to call Sombre Omeibi, Colonel Sambo Dasuki, the former National Security Adviser during Jonathan’s regime, Mr. S. A. Salihu, a Director of Finance in the NSA office, the Central Bank of Nigeria (CBN) governor or its representative, or any member of Otueke Anglican Communion, was fatal to the anti- graft agency’s case.
Justice Idris said it is not the numbers of witnesses called that matters in a trial, but vital witnesses that can throw light into the grey areas.
He added that if the prosecution had called anybody from Otueke Anglican Communion, the witness would have been able to tell the court whether or not they gave the money realised from the fund raising to ex-president Jonathan to hold in trust for them.
And that Dasuki or the representative of the CBN if called would have been able to clear the air on whether money was actually released.
The judge while holding that the anti-graft agency was unable to prove the 22 count charge against the duo, said that both Dudafa and Iwejuo were not directors or signatories to the companies alleged to have been used in laundering the money and as such, they could not have authorised to release of the money into another accounts.
On the allegation of forgery against Iwejuo, the judge faulted EFCC in that they failed to provide material evidence that the banker indeed forged documents or someone’s signature.
On the allegation of non-declaration of assets by Dudafa, the court held that evidence before the court showed that the Senior Special Assistant to ex-president Jonathan did declare his asset.
Justice Idris, citing plethora of authority, said the prosecution based its case on suspicion and that it failed to prove the ingredients of money laundering.
On the issue of the three bags of money collected from Jonathan’s ADC, the judge said that Dr. Dudafa admitted collecting the bags, but that he did not know the content whereas the prosecution was unable to prove that the content of the bags was money either Naira or Dollars.
The judge while eulogising the industry of the prosecution stated that the prosecution tried its best, but could not fill the gap created by the shoddy investigation of the matter.
Justice Idris said that while the judiciary would be part of the war against corruption, it should be done within the ambit of the Constitution.
Consequently, the judge said: “From all the evidence before the court, the prosecution has failed to prove the case of conspiracy, forgery and money laundering against the defendants.
“The two defendants are hereby discharged and acquitted of all the 22 counts amended charge”.