N450m scam: Court admits Alison Madueke’s list of beneficiaries

By Jerry Uwah Lagos

A Federal High Court in Lagos, yesterday admitted in evidence, the list of beneficiaries of the sum of $115, 010,000 doled out by a former Minister of Petroleum Resources, Diezani Alison-Madueke. In his ruling on the objection raised by O. Ayanlaja (SAN), counsel to the former Minister of National Planning, Professor Abubakar Sulaiman, who is being tried alongside the Peoples Democratic Party (PDP) governorship candidate in Kwara state, Mohammed Dele Belgore (SAN), concerning the admissibility of the list of benefi ciaries, the judge accepted the arguments of counsel to the Economic and Financial Crimes Commission (EFCC) , Rotimi Oyedepo and held that the prosecution has complied substantially with the provisions of section 84 of the Evidence Act.

Justice Rilwan Aikawa added that the fact that the document was produced by a computer through an e-mail address of a staff in the course of carrying out an offi cial assignment does not in any way invalidate the tendering of the list of benefi ciaries before the court. According to the judge, “What the Evidence Act intends to do is to simplify and not to complicate the process of admitting documents in court.

“Any officer of the fi nancial institution is competent to tender the document even if he is not the maker of the said document. “Th e document and its attachment are one and same is admissible and can be tendered by the PW1.” However, shortly after the ruling, Belgore’s counsel, Ebun Shofunde (SAN) commenced the crossexamination of the fi rst prosecution witness, Timothy Olaobaju who confi rmed before the court that he volunteered a statement to the EFCC on January 9, 2017 wherein the witness stated that he did not mention Alison-Madueke in his statement to the anti-graft agency. EFFC had notifi ed Justice Aikawa that Alison-Madueke had questions to answer in the ongoing trial of Belgore, and the former Minister of National Planning, Professor Abubakar Sulaiman, over their involvement in the scam to the tune of N450 million.

In his objection, counsel to the anti-graft agency argued that there is a certifi cate attached to the document sought to be tendered to authenticate same Th e EFCC lawyer said: “Th e document was identifi ed by the witness as the list containing names of benefi ciaries, and the transactions carried out by the fi nancial institution. “It is not the spirit of Section 84 (2) of the Evidence Act, that a certifying offi cer who is merely to confi rm the functionality or otherwise of the devices used in printing out the document so as to come and give evidence.

While being led in evidence, Olaobaju insisted that the sum was offl oaded to the loading bay for the benefi ciaries to take possession. According to the witness, “Th e money was counted by way of bundle counting, and they were in N1000 and N500 denominations. Belgore and Sulaiman were rearraigned on an amended five counts, wherein the name of the former Petroleum Minister was clearly mentioned. Th ey were accused of paying a sum to the tune of N50 million to one Sheriff Shagaya, without going through fi nancial institutions.

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