Alleged money laundering: EFCC closes case against Nigeria’s former Aviation Minister

Nigeria’s anti-graft agency; the Economic and Financial Crimes Commission (EFCC), today closed its case against former Minister of Aviation, Mr Femi Fani-Kayode before Justice Rita Ofilli-Ajumogobia of a Federal High Court sitting in Ikoyi, Lagos, South-West Nigeria over allegation of money laundering.

The former minister is answering questions to an amended 40-count charge that touches on the alleged offence made against him by the anti-graft agency.

The anti-graft agency represented by Mr Vitalis Ahaotu intimated the judge of a letter from his principal, Mr Festus Keyamo informing the court of its intention to close its case.

The prosecution's position was however not opposed by the defense lawyer, Wale Akoni (SAN). But the senior lawyer informed Justice Ofilli-Ajumogobia of his intention to file a no case submission in answer to the charge against the defendant.

This request then led to the trial judge issuing a 21 day ultimatum to the defense within which to file their application before the court, and the prosecution seven days to respond.

The court consequently adjourned the matter till October 28, 2014 for adoption of final written addresses.

It would be recalled that the EFCC had opened its case on March 10, 2014. In all, the anti-graft agency called a total of five witnesses including: Investigating Police Officers, bank legal officers, and former aide to Fani-Kayode.

At the last hearing on the matter, the anti-graft agency had informed the court that claims

by a witness, Ojo Agbor in the on-going trial of the former Aviation Minister, that he was forced to lie against the minister was not true.

It would be recalled that Agbor had on May 14, 2014 insisted that the anti-graft agency's operatives beat him up and detained him; forcing him to write a false statement, with a further position that the agency said otherwise he would be charged alongside the former minister.

He further told the trial judge that someone else gave him various amounts of money to pay into Fani-Kayode's account, adding that the anti-graft agency also told him to write that it was the former minister who gave him the money.

Agbor stated further that, "They then told me that I should write that it was Fani-Kayode who gave me the money to deposit. They threatened to make me an accomplice if I don't write that Fani-Kayode gave me the money. My Lord, I had no option than to write."

But an investigator with the anti-graft agency, Mr  Shuaibu Umar, who claimed to have handled the case maintained that Agbor was never forced to make the statement.

The investigator posited that he discovered that lodgments were made by various individuals into Fani-Kayode's bank account, including by one Mark Ndifreke and Agbor.

The witness stressed that Agbor was invited to make an explanation on the monies he paid into Fani-Kayode's account, adding that he was cautioned before the statement was made. Umar said, "He came to our office on his own voluntarily. It's not true that Agbor was lured to EFCC, beaten, handcuffed and detained. It's not true that he was beaten up and tortured to write a statement or that he was not allowed to speak to his wife who just had a baby."

Umar further tendered Agbor's statement, which was admitted in evidence by Justice Ofilli-Ajumogobia who had equally declared as hostile, Agbor; the fifth prosecution witness in the on-going trial of the former Aviation Minister.

The judge had arrived at the decision shortly after Counsel to the anti-graft agency, Festus Keyamo sought the leave of court to declare Agbor hostile.

Keyamo hinged his application on the grounds that the statement dated August 20, 2006, Agbor made to the EFCC was totally different from his testimony before the court. Keyamo also said, "Speaking from the Bar, the witness has been avoiding me despite all moves to get him to appear before the court.

"He even refused to do a pre-trial conference with me before the proceeding commenced in spite of the fact that I reminded him of his statement to the EFCC."

Prior to this development, the witness had informed Justice Ajumogobia that he was employed as a Personal Assistant (PA) to the former minister and that sometime in August 2, 2006 deposited the sum of N600, 000 into the First Inland Bank account of Fani-Kayode on the instruction of one Mr Kola, who he said was the Property Manager of the former Aviation boss.

The hostile witness also informed the court that on April 24, 2006, he deposited another sum of N3, 000,000 into the account of Fani-Kayode still on the instruction of the said Property Manager.

Agbor also revealed that on August 15, 2006, "I deposited N86, 000.00 into the First Inland Bank account of Fani-Kayode. Also on August 21, 2006 I deposited another N751, 000.00 into same account on the instruction of one Mr Kola."

It was at this point that Keyamo prayed the court to declare Agbor as a hostile witness after the witness had admitted that he made the statement to the EFCC.

But while being cross-examined by lawyer to the former minister, Ifedayo Adedipe (SAN), the witness apparently denied his earlier testimony when he told Justice Ajumogobia that all the money deposited by him into the account was given to him in cash by Fani-Kayode.

According to Agbor, "I confirm that I do not know the source of the monies deposited into the account. I did not mention the said Kola in the statement I made to the EFCC.

"I know the implication of lying to the court. I was coerced into writing the statement. I don't know I can be sent to jail for lying to the court. I am angry with the EFCC because of the way I was treated. I am not in court to tell deliberate lies. I was arrested by the EFCC operatives and made to lie against Fani-Kayode."

But during re-examination by Keyamo, the witness informed the judge that, "I don't know the officers that arrested me. I don't know the name of the officer that slapped me when I was arrested.

"The officers that arrested me were not present when I made the statement. I don't know the name of any officer that obtained the statement from me. The person that gave me the slap was not present when I made the statement.

"One of the officers in the EFCC stood surety for me before I was eventually released. As at the time I was shown the statement this morning (Wednesday) at the proceeding, I never told the court earlier that I was forced to make the statement."

It would be recalled that Fani-Kayode is charged by the EFCC on an amended 40-count charge bordering on money laundering. The former minister was first arraigned sometime in December 2008 before Justice Ramat Mohammed on a 47-count charge.

He had pleaded not guilty to the charge and Justice Mohammed had granted him bail in the sum of N200 million with two sureties in like sum.

He was again re-arraigned before Justice Binta Murtala-Nyako, following the transfer of Mohammed from the Lagos Division. The accused was again re-arraigned before Justice Ajumogobia on February 11, 2013 after the transfer of Justice Murtala-Nyako.

He was again re-arraigned before Justice Ajumogobia on March 6, following the amendment of the 47-count charge to 40-counts, the EFCC having dropped seven of the counts.

Justice Ajumogobia is now the third judge to be ceased of the case in the last five years. In the charge, the accused was alleged to have transacted with funds exceeding N500, 000 without going through a financial institution.

The accused was also alleged to have accepted cash payments to the tune of about N100 million, while he held sway as Minister of Aviation and Minister of Culture and Tourism respectively.

The offence is said to contravene the provision of Sections 15(1) (a) (b) (c) (d) and 15 (2) (a) (b) of the Money Laundering (prohibition) Act, 2004.