Admin l Tuesday, March 14, 2017
IKOYI, Lagos, Nigeria – A Federal High Court, sitting in Ikoyi, Lagos was today told how former Governorship candidate of the Peoples Democratic Party, PDP in Kwara State, Mohammed Dele Belgore conspired with former Minister of Petroleum Resources, Mrs. Alison-Madueke and her counterpart in Ministry of National Planning, Professor Abubakar Sulaiman to corner N450 million unlawfully.
The money were part of $115, 010,000 which the former oil minister misappropriated.
The Economic and Financial Crimes Commission (EFFC), had brought Alison-Madueke before Justice Aikawa that she had questions to answer in the ongoing trial of Belgore, and the former Minister of National Planning, Professor Abubakar Sulaiman, over their involvement in scam to the tune of N450 million.
Belgore and the former Minister of National Planning were accused of paying the sum of N50 million to one Sheriff Shagaya, without going through financial institutions.
Specifically, Belgore’s counsel, Ebun Shofunde (SAN) had during proceedings insisted before the judge that the list sought to be tendered emanated from the mail box of the maker. He called the attention of Justice Aikawa to Section 84 of the Evidence Act, which according to the SAN, governs documents made from computers.
According to Shofunde, “The document sought to be tendered has not met with the conditions made out in Section 84 of the Evidence Act.
“The document shows that the list was made from my mail box of nnamdi@yahoo.com. The certificate itself was not made by the witness and that makes it more yahoo, yahoo and I urge your lordship to rejection same.”
In his objection, counsel to the Economic and Financial Crimes Commission (EFCC), Rotimi Oyedepo argued that there is a certificate attached to the document sought to be tendered to authenticate same. Oyedepo further confirmed to Justice Aikawa that the certificate came from the financial institution (name withheld), and signed by one Boye Ogunmolade who is the Chief Compliance Officer of the financial institution.
The EFCC lawyer said, “The document was identified by the witness as the list containing names of beneficiaries, and the transactions carried out by the financial institution.
“It is not the spirit of Section 84 (2) of the Evidence Act, that the a certifying officer who is merely to confirm the functionality or otherwise of the devices used in printing out the document so as to come and give evidence. Substantially, we have complied with provisions of Section 84 of the Evidence Act.
“The certifying officer had confirmed that the document was printed in the ordinary course of business of the financial institution. He also certified that the list was produced by the computer owned by the financial institution. Throughout the period the document was printed, the computer used in printing the document was functioning properly.
“There is no contrary evidence to controvert this certification. The witness can validly tender the document he has identified forms part of the transactions.It is an exception that a document must be tendered by its maker where the document emanates.”
Prior to this time, the EFCC lawyer had sought the leave of Justice Aikawa to reopen the evidence in zchief of its witness, Timothy Olaobaju, so as to further examine him on the document. While being led in evidence, Olaobaju insisted that the sum was offloaded to the loading bay for the beneficiaries to take possession.
According to the witness, “The money was counted by way of bundle counting, and they were in N1000 and N500 denominations. The money was kept overnight with the financial institution and in the vaults.
“That very day, before the beneficiaries came, we had already stacked the money for them to pick. But there was a delay because the minister refused to show his identity card. The beneficiaries said they could not carry the money that night because it was late. It is not true that none of the beneficiaries collected a dime.”
Belgore and Sulaiman were re-arraigned on an amended five counts, wherein the name of the former Petroleum Minister was clearly mentioned. According to the amended charge, on or about March 27, 2015, Alison-Madueke was accused of conspiring with Belgore and Sulaiman to directly take possession of the sum of N450 million, which they reasonably ought to have known forms part of proceeds of unlawful act.
They were equally said to have taken the said funds in cash, which exceeded the amount authorized by law, without going through any financial institution. The Commission however insisted that the offences contravenes sections 18 (a)15 (2) (d), 1 (a), 16 (d) and punishable under sections 15 (3) and 4, 16 (2) (b), and 16 (d) of the Money Laundering (Prohibition) (Amendment) Act, 2012.
Shortly after the plea of the defendants were taken, the witness brought by the EFCC, Olaobaju argued that sometime in April 2014, his Managing Director (MD), gave them directives that certain individuals and companies will be sending money into some account, and that the purpose of such monies was not made known.
The witness further told Justice Aikawa that over the period, the monies which amounted to $115,010, million USD, were paid into the account.
Olaobaju who is a banker also contended before the court that in March 27, 2015, an instruction came from the former Petroleum Minister to the bank that the monies which were in USD be converted to Naira and that same should be paid to some beneficiaries which included Belgore (SAN) and Prof. Sulaiman.
While confirming that the instructions were fully complied with, the banker insisted that both Belgore (SAN) and Sulaiman, who are not customers to the bank received the sum of N450 million and filled the receipt of payment form to acknowledge receipt.
Olaobaju informed Justice Aikawa that no cheque was issued in effecting the release of the said sum, adding that the defendants signed the form on March 26, 2015 and collected the money on March 27, 2015.
But counsels to the defendants which included: B. O. Shofunde, Charles Edosanwa, Seni Adio, and lawyer to Sulaiman, Chief O Ayanlaja, Ladi Rotimi-Williams, and Olatunde Busari, all Senior Advocates of Nigeria (SANs), pleaded with the court for adjournment for the cross-examination of the witness.
