Justice
Babs Kuewumi of the Federal High Court in Lagos will on October 7th deliver
judgement on the case of the seized $15.5 million found in four company
accounts that have been linked to former First lady Patience Jonathan.
The Nation reports that at the resumed hearing of
the case yesterday September 27th, counsel to former Special Adviser on
Domestic Affairs to ex-President Goodluck Jonathan, Waripamo Dudafa, who is
also a defendant in the case, urged the Federal High Court to nullify the
guilty plea by four companies that have been linked to the case. The four
companies in whose accounts the seized $15 million was found in, had on
September 15th pleaded guilty to laundering the said amount when they were
arraigned. The companies namely Pluto Property and Investment Company Ltd (represented by Friday Davis), Seagate Property Development and Investment Company Ltd (represented by Agbor Baro), Trans Ocean Property and Investment Company Ltd (represented by Dioghowori Frederick) and Avalon Global Property Development Ltd (represented by Taiwo Ebenezer) pleaded guilty to laundering the monies that have Mrs Jonathan had come out to claim ownership of. The companies, along with a lawyer Amajuoyi Briggs and a banker, Adedamola Bolodeoku, were arraigned before Justice Babs Kuewumi.
Dudafa, Briggs and
Bolodeoku, however, pleaded not guilty to a 17-count charge brought against
them by the Economic and Financial Crimes Commission (EFCC).
Yesterday, Dudafa and
Briggs, through their lawyers, urged the court to set aside the guilty plea
entered on the firm’ behalf by their representatives. They urged the court
to replace the guilty plea with a “not-guilty” plea for the
companies. They also contended that the court lacked jurisdiction to
accept the companies’ guilty plea. Dudafa and his co-accused argued
that those who pleaded guilty for the companies did not exhibit any letter
authorising them to do so by the firms’ board. They argued that the
prosecution failed to comply with Section 477(3) of the Administration of
Criminal Justice Act, 2015 which specifies that such a representative must have
authorisation. According to Dudafa’s lawyer, Gbenga Oyewole, the four
representatives had earlier made statements to both the EFCC and the court
denying any connection with the companies and alleging that their names and
signatures were forged. He argued that Mrs Jonathan had sued EFCC claiming
ownership of the funds in the companies’ accounts, adding that neither the
Federal Government not any state had stated that the funds were stolen from
them. According to him, the same representatives had earlier denied any
link to the companies when they were first charged before Justice Abdulazeez
Anka, who sat during the vacation. He said Justice Anka replaced their
guilty plea with “not guilty” after their denial.
“The purported
representatives did not produce a statement of appointment by the companies,”
Oyewole argued.
Objecting to his
argument, counsel to EFCC, Rotimi Oyedepo, said there was evidence at the
Corporate Affairs Commission (CAC) that Davies, Baro, Fredrick and Ebenezer
were the companies’ directors. Oyedepo said the four also had the mandate
to operate the Skye Bank accounts where the $15.5million is. He added
that the companies representatives were of sound mind and made a
deliberate decision to plead guilty.
“The prima facie
evidence before Your Lordship is that those who appeared before Your Lordship
are the directors of the fourth to seventh defendants (the companies).
EFCC said the accused
persons conspired on November 13, 2013 in Lagos to launder $15,591,700. It
said the defendants “reasonably ought to have known that the funds form part of
the proceeds of an unlawful act”.
Seagate Property,
Dudafa, Bolodeoku and Sompre Omiebi (said to be at large) were accused of indirectly
retaining $1,094,500 through a Skye Bank Plc account (2110002207) between
November 14 and 19, 2013. EFCC said the money “forms part of an unlawful act to
wit: stealing.”
They were also
accused of indirectly retaining $1,200,000 through the Skye Bank account
between January 21 and December 19, 2014; as well as $1,349,700 through the
same account between March 31 and May 20, 2015, among others.
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