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N7bn Fraud: High Court Adjourns Ikuforiji Trail

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A Federal High Court in Lagos has adjourned the money laundering trial of Adeyemi Ikuforiji, a former Lagos House of Assembly speaker.

The case slated for continuation of trial on Thursday could not go on, as the court did not sit. The courtroom, where the trial judge, Justice Mohammed Liman, sits, was closed. The case was also not heard on June 1 and June when it was earlier scheduled for trial.

It was learnt that a new adjourned date would be communicated to parties in the suit.

Ikuforiji is prosecuted by the Economic and Financial Crimes Commission (EFCC) alongside his former personal assistant, Oyebode Atoyebi. They are facing a 54-count charge bordering on money laundering.

The defendants pleaded not guilty and were allowed to continue on bail granted in 2012 during their first arraignment.

EFCC closed its case against the defendants on March 17, 2021, after calling its second witness, Adewale Olatunji, a former clerk of the Lagos parliament.

On May 4, defence counsel, Dele Adesina, opened the defence and called three witnesses, including the first defendant (Ikuforiji), who testified that he was being prosecuted based on a faceless petition. He told the court that the case stemmed from a petition written by an unknown person, alleging that he stole about N7 billion from the parliament.

However, the court adjourned the case to take addresses from parties in the suit on the admissibility of documentary evidence tendered from the bar by the defence counsel.

The defendants were first arraigned on March 1, 2012, before Justice Okechukwu Okeke on a 20-count charge bordering on misappropriation and money laundering. They pleaded not guilty and were granted bail.

The defendants were, however, re-arraigned before Justice Ibrahim Buba following the reassignment of the case. Buba granted them bail in the sum of N500 million each with sureties in like sum.

On September 26, 2014, Buba discharged Ikuforiji and his aide of the charges after upholding a no-case submission by them. The judge held that EFCC failed to establish a prima facie case against them.

Dissatisfied with the ruling, EFCC, through its counsel, Godwin Obla, filed a notice of appeal dated September 30, 2014, challenging the court’s decision.

EFCC had argued that the court erred in law when it held that the counts were incompetent because they were filed under section 1(a) of the Money Laundering (Prohibition) Act, 2004, which was repealed by an Act of 2011.

The commission further argued that the lower court erred in law when it held that section 1 of the Money Laundering (Prohibition) Act, 2004 and 2011, only applied to natural persons and corporate bodies other than the government.

The anti-graft agency had also submitted that the trial judge erred in law when he held and concluded that the testimonies of the prosecution witnesses supported the defendants’ innocence.

In its judgment, the Lagos Division of the Appeal Court, in November 2016, upheld EFCC’s submissions and ordered a fresh trial of the defendants before another judge.

Following the Court of Appeal decision, the defendants headed for the Supreme Court, seeking to upturn the ruling of the Court of Appeal.

In its verdict, the apex court upheld the decision of the Court of Appeal and ordered that the case be sent back to the Federal High Court chief judge for reassignment to another judge.

According to the charge, the defendants accepted cash payments above the threshold set by the Money Laundering Act without going through a financial institution.

EFCC also accused the defendants of conspiring to illegally accept cash payments in the aggregate sum of N338.8 million from the parliament without going through a financial institution.

It accused Mr Ikuforiji of using his position to misappropriate funds belonging to the Lagos parliament. The EFCC said the defendants committed the crimes between April 2010 and July 2011.

(NAN)

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