By Onyewuchi Ojinnaka,
Senior Correspondent
The trial of former Federal Capital Territory Minister (FCT) Oloye Jumoke Akinjide and two others charged along with her, continued on Thursday February 22 at the Federal High Court Lagos, following the breakdown of the proposed out-of-court settlement between the accused persons and the prosecution agency, the Economic and Financial Crimes Commission (EFCC).
The proposed out of court settlement, filed by Akinjide and two others was rejected by the prosecution after due consultation with the EFCC.
Akinjide alongside Senator Ayo Adeseun and Chief (Mrs) Olanrewaju Otiti, are standing trial before the court presided over by Justice Muslim Sule Hassan over alleged N650 million fraud
At the resumed trial of the accused persons on Thursday, EFCC counsel Nnaemeka Omewa, told the court that his agency received a proposal for settlement from the accused persons’ counsels, adding that however, he has the instruction of the management of the Commission to reject the said proposal, as it was not in line with the provisions of Administration of Criminal Justice Act (ACJA), 2015. He submitted that based on the rejection of the said proposed settlement, his agency is prepared for the trial of the accused persons.
Responding to the prosecutor’s submission, Akinjide’s counsel, Chief Bolaji Ayorinde (SAN), confirmed that the three accused persons’ settlement proposal to the EFCC was in line with Section 14 of the Agency’s Act. He stated that the prosecution just informed them of its decision to the said proposal.
He further submitted that
for court record and for public interest, the case against his client and others, seems unneccesary, expressing that they are confident that the case is a sham and will be defended vigorously, as it is political, unnecessary and waste of resources.
Also addressing the court, Senator Ayo Ademola Adeseun’s counsel, Mr. Michael Lana, described the refusal of the proposed settlement of the accused persons, as a betrayal of trust, which a lawyer should not be involved.
Lana argued that a suit was filed against the agency and its lawyer Rotimi Oyedepo and later the suit was withdrawn after the sum of N650 million was paid by the accused persons on Oyedepo’s promise that the criminal charge against them will not be prosecuted.
According to Lana : “Oyedepo made a proposal to us, which we believed, and withdrew the suit against the EFCC and himself. After the first arraignment, the EFCC and Oyedepo said that the defendants should not be re-arraigned again as we agreed to settle.
“It is at my lord’s wisdom, Justice Malik, he decided that they can be arraigned, and that we discuss the settlement, that was how they were arraigned at Ibadan. We now fulfilled the conditions, we withdrew the suit, and the money he requested for was paid.
” It is sacrosanct ethically,such a thing is not condone in legal profession. Oyedepo was the initiator of the settlement, we are highly disappointed in Rotimi Oyedepo “.
Also, in his submission, the third accused, Olanrewaju Otiti’s counsel, Akinola Oladeun, told the court that there was no stage during which she wanted to enter plea bargain, pointing out however that she was part of the proposal but insisted that there was no time issue of plea bargain was mentioned.
After making his client’s position known on the proposed settlement, Oladeun, called the attention of the court to his client’s application for bail variation, submitting that his client is due for medical check-up overseas which she has been postponing. He therefore urged the court to hear the application.
Responding, the prosecutor told the court that they needed time to reply to the application, adding that the anti-graft agency is yet to file its response.
Ruling on all the submissions, Justice Hassan, said: “I have listened to the arguments, since the settlement had broken down, I will go to the trial of this case.
“Application for the third defendant is not ripe for hearing, it shall be taken at the next adjourned date”.
After the court’s ruling on the submissions, the prosecution called Mrs. Kehinde Adeniyi, a banker. While being led in evidence, Adeniyi told the court that she gave a cash sum of N650 million to Oloye Akinjide and Senator Adesheun, and one Honourable Yinka Taiwo, on the instruction of one Martins Ozuogbe.
Adeniyi who is the first prosecution witness while giving evidence said: “On March 6, 2015, I received a call from our head office, from Martins Ozuogbe, that we should take the sum of N650 million to Oloye Akinjide, Hon. Taiwo Yinka, and Ademola Adesheun, upon signing of receipt payment, and two means of identification. And they came and signed the receipt and presented the means of identification and payment was made.
The witness further stated that the payment was made in Naira, and the accused used their Hilux and box to collect the money.
The receipt for the payment of the money was tendered and admitted by the court as exhibit P 1.
During cross-examination by the defence teams, the witness told the court that in the course of investigating the alleged fraud against the accused persons, she wrote three statements to the anti-graft agency.
According to her, one of the statements was written at the Ibadan office of the agency, while the other two was written in Lagos office.
She also told the court that she only know Diezani Madueke, as former petroleum Minister, adding that she did not know the source of the money, and the purpose for which the N650 million was used.
Thereafter, the matter was adjourned till March 8 and 9, for continuation of trial.
