By Onyewuchi Ojinnaka
The absence of third prosecution witness (PW3) from court on Monday June 11, stalled the on-going trial of former Aviation Minister Femi Fani-Kayode, former Minister of State for Finance Nenandi Usman and former chairman of Association of Local Governments of Nigeria (ALGON) Yusuf Danjuma charged before a Federal High Court sitting in Lagos over alleged N4.6 billion money laundering.
Also charged along with the three defendants on 17-count charge of money laundering preferred against them by the Economic and Financial Crimes Commission (EFCC), is a company, Jointrust Dimentions Nigeria Ltd. They had all pleaded not guilty to all the counts.
At the resumed trial of the case slated for cross examination of PW3 on Monday, it could not go on as counsel announcing his appearance for the EFCC, Mr Idris Mohammed, informed the court that the third prosecution witness (PW3) who ought to be cross examined, was indisposed.
He informed the court that the witness resides outside the court’s jurisdiction, adding that is pregnant and following medical advice, is currently on bed rest.
Consequently Idris urged the court to grant an adjournment. The team of defence counsel, comprising Messrs Ferdinard Orbih (SAN), Wale Balogun, and K. C Nwofo, did not oppose the application for adjournment.
The trial judge Justice Mohammed Aikawa acceded to the request for adjournment. The parties picked October 2 as next date for continuation of trial.
Meanwhile, there was a new twist to the case as Orbih (SAN) counsel to Fani-Kayode (1st defendant) informed the court that he had an exparte application which he would wish to move subject to the court’s convenience. The court obliged him.
Orbih averred that his application was brought pursuant to the provisions of the Sheriffs and Civil Processes Act as well as the Federal High Court Civil Procedure Rules.
He submitted that his application was seeking leave of the court, to serve a motion on notice, on the Minsier of Information, Alhaji Lai Mohammed, over alleged acts of contempt.
He further submitted that the Minister had published a list of looters some weeks ago, and had named the first accused as number 19 on that list.
Moving the application, the Silk lawyer, said that the defence views such act very seriously, as it is an attempt to interfere with the proceedings before the court, and portray the first accused as already guilty of the charges preferred against him.
He, therefore, urged the court to grant the exparte application enabling the defence to serve the said motion on notice on the Minister in Abuja, by substituted means, as personal service may not be feasible.
He argued that the court possessed powers to order that the motion be served on any responsible senior official of the Federal Ministry of Information and Culture, and therefore, urged the court to grant his application.
In a short ruling, Justice Mohammed Aikawa said : “I have perused the application including the supporting affidavits and I am satisfied that the application ought to be granted.
“The application is granted save that it should be served on his confidential Secretary in Abuja” he ruled.
He then adjourned until October 2 for hearing of the motion on notice and for continuation of trial.
It eould recalled that 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.
However 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 further 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.