The Financial and Monetary Crimes Fee (EFCC) has appealed to the Supreme Courtroom to overturn the judgement of the Courtroom of Enchantment in Abuja discharging a former Jigawa State governor, Sule Lamido, from trial on cash laundering expenses involving over N1 billion.
The fee, on Tuesday, disclosed in an announcement by its spokesperson, Wilson Uwujaren, that it had filed its enchantment in opposition to the Courtroom of Enchantment’s ruling.
Mr Uwujaren stated the fee filed a discover of enchantment in opposition to the 25 July choice of the Courtroom of Enchantment on the Supreme Courtroom on Monday.
The Courtroom of Enchantment’s choice ending the eight-year-old trial was primarily based on technical floor of lack of territorial jurisdiction, and never on the benefit of the fees.
The EFCC, in 2015, charged Mr Lamido, his two sons and their corporations earlier than the Federal Excessive Courtroom in Abuna with 37 counts of cash laundering involving about N1.35 billion allegedly siphoned from the state in a cash laundering scheme.
The fee accused Mr Lamido of abusing his place as governor between 2007 and 2015, allegedly laundering sums of cash obtained as kickbacks from corporations that have been awarded contracts by the Jigawa State Authorities below his management.
The opposite defendants charged alongside the previous governor included his two sons – Aminu and Mustapha. The others are Aminu Wada Abubakar, and their corporations – Bamaina Holdings Ltd and Speeds Worldwide Ltd.
The EFCC had referred to as over 16 witnesses earlier than closing its case final yr.
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Afterwards, the defendants opted for a no-case submission, arguing that the prosecution had not positioned adequate supplies earlier than the court docket to warrant them coming into defence.
However the trial decide, Ijeoma Ojukwu, dismissed the no-case submission and ordered the defendants to open their defence on 8 to 11 November 2022.
Dissatisfied, Mr Lamido went on an enchantment, which the Courtroom of Enchantment affirmed to upend the eight-year-old trial on 25 July.
The unanimous choice of a three-member panel of the Courtroom of Enchantment had held that the Federal Excessive Courtroom in Abuja the place Mr Lamido and different co-defendants have been being prosecuted, lacked territorial jurisdiction to entertain the trial.
The judgement upheld the no-case submission which the defendants had filed on the trial court docket to problem the validity of the fees, holding that the case may solely have been validly prosecuted on the applicable court docket in Jigawa State the place the offences have been allegedly dedicated.
EFCC faults enchantment court docket’s choice
However the fee faulted the choice in its discover of enchantment dated on 31 July, contending that the Courtroom of Enchantment “erred in regulation” when it held that case was wrongly commenced in Abuja Division of the Federal Excessive Courtroom as an alternative of Kano and proceeded to strike out the cost and discharge the appellants.
Opposite to the choice of the appellate court docket, the appellant contends that Part 98(1) of the ACJA, 2015 confers on the Chief Decide of the Federal Excessive Courtroom the ability to switch a case from one court docket to a different the place the switch of the case will promote the ends of justice or will probably be within the curiosity of the general public peace
The fee’s discover of enchantment acknowledged: “The document of the enchantment or proof earlier than the court docket beneath confirmed that the moment case was commenced in Kano Judicial Division of the Federal Excessive Courtroom however was transferred to Abuja for safety causes.
“The facility of switch conferred on the Chief Decide of the Federal Excessive Courtroom by Part 98(1) of the Administration of Felony Justice Act, 2015 just isn’t restricted to switch of a case from one court docket to a different inside a Judicial Division however extends to energy to switch a case from one Judicial Division to a different the place such switch will promote the ends of justice or will probably be within the curiosity of public peace.”
Along with the Chief Decide’s energy to assign circumstances to any division as deemed applicable, the discover of enchantment additionally stated: “There was additionally proof and or proof of proof earlier than the court docket that a few of the components of the offences for which the respondents and others have been charged occurred in Abuja.”
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The appellant additional argued “correct order to make pursuant to Part 15 and 23 of the Courtroom of Enchantment Act Cap. C36 Legal guidelines of the Federation of Nigeria 2004 and Part 22 of the Federal Excessive Courtroom Act Cap. F12 Legal guidelines of the Federation of Nigeria 2004 was to have transferred the case to the Kano Judicial Division of the Federal Excessive Courtroom as an alternative of putting out the cost and discharging the appellants.”
The EFCC additionally maintained that the appellate court docket ignored the failure by the respondents to insert the names of different events of their Discover of Enchantment. This, it stated, was grievous error, as Order 7 Rule 2(1) of the Courtroom of Enchantment Guidelines 2021 states that “all appeals shall be by the use of rehearing and shall be introduced by Discover of Enchantment which shall set forth the grounds of enchantment, the precise nature of the aid sought and the names and addresses of all events affected by the enchantment.”
“The stated unilateral and arbitrary exclusion of a few of the events within the Discover of Enchantment by the respondents with out the go away of the court docket just isn’t a mere irregularity however a basic vice which rendered the Discover of Enchantment incompetent and invalid,” the fee’s discover of enchantment added.
The fee, subsequently, urged the court docket to put aside the entire choice of the Courtroom of Enchantment and order a return of the case to the trial court docket “to proceed and conclude similar”.
The defendants are anticipated to file their objection to the enchantment after receiving the appellant recordsdata and serves its transient of argument.
Highlights of expenses
One of many expenses in opposition to Sule Lamido and his co-defendants reads: “That you just, Alhaji Sule Lamido (whereas being the Governor of Jigawa State, Nigeria), on or about March 2nd, 2012, throughout the jurisdiction of this Honourable Courtroom in your account within the identify Bamaina Holdings (additionally known as Bamaina Holding Restricted) domiciled at Unity Financial institution Plc. Kano, transformed the mixture sum of N61,919,000.00 being the worth of 4 Sterling Financial institution Plc Cheques nos. 04981304, 04981305, 04981307, 04981308, three Diamond Financial institution Plc Cheque nos. 32909551,32909548, 32909550 and 4 Financial institution PHB Plc Cheques nos. 24444376, 24444374, 24444375 and 24444372 paid by Dantata & Sawoe Development Firm Nigeria Restricted which represented the proceeds of bribery and corruption to wit: utilizing your place as a public officer for gratification by purportedly acquiring contracts for corporations through which you’ve curiosity from Dantata & Sawoe Development Firm Nigeria Restricted which was awarded contracts by Jigawa State Authorities with the goal of concealing their illicit origin and also you thereby dedicated an offence opposite to Part 15(1) (a) of the Cash Laundering (Prohibition) Act, 2011 and punishable below part 15(1) of the identical Act”
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One other rely reads: “That you just, Alhaji Sule Lamido (whereas being the Governor of Jigawa State, Nigeria), Aminu Sule Lamido, Mustapha Sule Lamido, and Bamaina Firm Nigeria Restricted on or about third of April 2012 throughout the jurisdiction of this Honourable Courtroom retained within the account of Bamaina Firm Nigeria Restricted domiciled with Skye Financial institution Plc Kano the sum of N57,000,000.00 transferred from the account of Bamaina Holdings (additionally recognized and known as Bamaina Holdings Restricted) at Unity Financial institution Plc Kano which fund you knew represented the proceeds of unlawful act of Alhaji Sule Lamido who used his place as a public officer for gratification by acquiring purported contracts for Speeds Worldwide Restricted, Gada Development Firm, and Bamaina Firm Nigeria Restricted from Dantata and Sawoe Development Firm Nigeria Restricted, an organization which was awarded contracts by the Jigawa State Authorities and thereby dedicated an offence opposite to Part 17(a) of the Cash Laundering (Prohibition) Act, 2011 and punishable below Part 17 of the identical Act”
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