Justice James Omotosho of the Federal High Court sitting in
Abuja on February 23, 2024 overruled a motion on notice filed by Ali Bello and
Dauda Suleiman urging the court to strike out the 17- count amended charge filed by the Economic and Financial Crimes Commission, EFCC on the
ground that the charge lacked merit and invalid.
The court held that the 17-count amended charges filed on
February 5, 2024 are valid as the prosecution is entitled to amend its charges
provided it is done before judgment day.
The motion on notice by the defence which was filed on
February 22, 2024 by counsel to the second defendant, Nureini Jimoh,
objected to the admittance of the amended charges stating that it amounted to
an abuse of court processes. Also, the motion questioned the jurisdiction
of the Federal High Court sitting in Abuja to try the matter and therefore sought
that the matter be transferred to Kogi State. Jimoh also submitted that the
17-count amended charge was fatally incompetent, citing Section 216 of
the Administration of Criminal Justice Act 2015.
"My lord, the EFCC lacks the grounds to investigate the
revenue of Kogi State Government, because the EFCC is not constitutionally
recognized to have the powers to usurp the decision and powers of Kogi State
House of Assembly. Let me say that based on the resolution and decision by the
Kogi State Assembly, which says that no fraud was committed in the Kogi State
Account, that should lay to rest EFCC`s allegation that a fraud was
committed" Jimoh said.
Responding, Prosecution Counsel, Rotimi Oyedepo, SAN, in a
counter- affidavit objected to the allegations, urging the court to
discountenance the application of the defence. He noted that the alleged
offence were committed by the defendants in Abuja and "within the
jurisdiction of the Honourable Court and all three witnesses in the case are
residents of Abuja". He also pointed at the insecurity challenges involved
in prosecuting the matter in Kogi State.
“We are opposing the application with a counter- affidavit
and we urge my Lord to dismiss this application. In the circumstances that
offences were committed in Abuja, the funds alleged to have been laundered
belong to the Kogi State government, but the alleged money laundering act was
committed in Abuja and the funds in question had been allegedly used to acquire
properties and equally used to engage in foreign exchange transactions in Wuse
Zone 4, Abuja. My Lord, I will rely on Section 20 of the Money Laundering
Prohibition Act 2011", he said.
Delivering his ruling, Justice Omotosho discountenanced the
application of the defence, stating that the prosecution has not concluded its
case, "so it is immature to say that the EFCC cannot amend charges at any time
before judgment".
He also stated that the EFCC under its Establishment Act has
the power to investigate and prosecute anybody or entity when cases of
corruption and money laundering are established including the powers provided
by the Money Laundering (Prohibition) Act 2011.
“Prosecuting a money laundering charge is within the purview
of the EFCC. I hold that this criminal trial is properly constituted before
this court. I also hold without hesitation that the second amended charge filed
on February 5, 2024 is hereby deemed valid and competent. I hereby order that
the defendants are called upon to take their pleas in the amended charge, the
objection of the defendant is hereby overruled", he
ruled.
While promising accelerated hearing of the case, the Judge
added that insecurity could be a reason to try a criminal offence outside
jurisdiction
Justice Omotosho therefore adjourned to March 14, 15, and 21 for the continuation of hearing.
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