NBA President’s Trial: Court Dismisses Akwa-Ibom State Governor’s Objection
The Federal High Court sitting in Lagos on Thursday dismissed an application filed by the Akwa-Ibom State Governor, Udom Emmanuel, challenging its jurisdiction to hear the money laundering charge filed against the President of the Nigerian Bar Association, Paul Usoro (SAN).
The trial judge, Justice Rilwan Aikawa in his ruling on the application, held that Governor Emmanuel’s application lacked merit because he is not a party to the suit.
At the last sitting of the court on May 10, the Governor had through his lawyer, Dr. Charles Mekwunye, argued that it was illegal for the EFCC to put his name on the charge sheet, as he still enjoys immunity as enshrined in Section 308 of the Constitution.
The counsel had also submitted that even the governor’s aides could not be charged before the court because the funds in issue do not belong to the Federal Government.
The EFCC’s lawyer, Rotimi Oyedepo, while opposing the motion said the court’s power to hear and determine money laundering related offences against all persons is not in doubt.
But he insisted that Governor Udom is not a party in the case.
In his ruling, Justice Aikawa held that “it is not in doubt that the applicant at the moment belongs to the class of Nigerians who enjoy constitutional immunity from civil and criminal proceedings by virtue of his office as long as he holds that office.
“But the question is whether it will be valid to say that the applicant is facing a charge before this court.
“As far as I know, necessary parties are grouped into complainant and the named defendants who is Paul Usoro in this case.
“Usoro is the one the court will turn to and pronounce verdict on, so the inclusion of the applicant does not make him a defendant before this court.
“The mere mention of the applicant in the counts does not qualify him as a defendant so he is not part of this trial.
“Count 1-4 therefore remain mere statements and have not graduated to a charge. So the Arguments that his right to fair hearing will be denied if trial proceeds as it were, is in my view, a case of crying wolf where there is none. The Applicant is not a part of the trial,” the court held.
On the issue of the Governor’s aides mentioned in the charge, Justice Aikawa said, “I think this issue has been settled. The EFCC can bring this money laundering charge against persons-in the Federal or State High court- as it desires so the arguments of the counsel cannot stand.
“It is my view, that this application is lacking in merit and is accordingly dismissed,” the judge stated.
Justice Aikawa also granted an order directing the EFCC to serve its proof of evidence and the summary of some of its witnesses’ statements on oath to the defendant within seven days.
The EFCC had Arraigned Usoro before the court on a ten-court charge of laundering the sum of N1.4bn belonging to the Akwa Ibom State government.
The EFCC claimed that Usoro converted and laundered the money in connivance with the governor of his state, Governor Udom Emmanuel of Akwa Ibom State.
The anti-graft agency also alleged in the charge that the NBA President in connivance with the others mentioned in the charge conspired among themselves to commit the offence sometime in 2015 “within the jurisdiction of this honourable court”.
The EFCC maintained that the N1.4bn allegedly converted and laundered by the defendants belonged to the Akwa Ibom State Government.
The commission insisted that offence is contrary to Section 18 (a) of the Money Laundering (Prohibition) Act, 2011 and punishable under Section 15(3) of the same Act.
He, however, pleaded not guilty to the charge.
Trial in the matter was then adjourned till the July 3.