After faltering for months, former aviation minister, Senator Stella Oduah’s arraignment over alleged N7.9billion money laundering deal finally got a date for commencement of trial. KEHINDE OSASONA x-rays the intrigues and muscle flexing that trailed it.
Matters arising
Just last week, the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), directed that a former Aviation Minister, Senator Stella Adaeze Oduah, be arraigned in the N7.9 billion money laundering charges brought against her by the federal government.
The AGF’s directive issued in a letter to the Federal High Court, sitting in Abuja, has brought to an end the adjournments suffered by the arraignment for six consecutive times.
The fraud trial Blueprint recalled was put off six times following the request by the AGF to allow him study the case files and give legal opinion on it. The matter is currently before Justice Inyang Ekwo of the Federal High Court sitting in Abuja.
Her absence from court had also contributed to the stalling of proceedings in the case.
Were it not for what some concerned Nigerians described as power-play, Oduah and her co-defendants in the alleged fraud trial would have been docked last year.
Oduah is being prosecuted on a 25-count money laundering charges alongside Gloria Odita, Nwobu Emmanuel Nnamdi, Chukuma Irene Chinyere, Global Offshore and Marine Limited, Crystal Television Limited, Sobora International Limited and the China Civil Engineering Construction Company Limited.
The scheduled arraignment of Oduah, alongside Chinese construction giant, CCECC, and six others, charged with laundering funds to the tune of N5 billion, has set a stage for another notable corruption trial in the country.
When at the last proceedings the Economic and Financial Crimes Commission (EFCC) brought a letter before the court from Malami, asking that the lawmaker be formally arraigned on the alleged offences; it then dawned on all that the trial had indeed commenced.
Earlier, a publication had reported that Oduah’s trial by the EFCC over a N7.9 might had been scuttled going by an alleged secret plot with Senate President Ahmad Lawan and AGF Malami.
The arraignment, earlier scheduled for February 22, 2021 and April 19, could not hold for some reasons not too much in public domain.
During that same year, the Judge had threatened to issue a warrant for the arrest of Ms Oduah over her failure to appear in court. In her defense.
The riot act
However, ahead of what he described as an accelerated trial billed to commence on the 13th February, 2023, Justice Ekwo had given five consecutive days (February 13 to 17) for the defendants to take their plea, and for the prosecution to commence trial.
The judge who has already warned lawyers to the parties in the suit to be prepared for the scheduled day-to-day trial also read a riot act, saying he would not take any objection to admissibility of documentary evidence.
He explained further that the long adjournment was to give both the prosecution and defence teams adequate time to prepare for trial.
He was quoted as saying: “Objection to admissibility of documentary evidence will be taken at the end of trial.”
He then directed the prosecuting lawyer to bind and paginate all documentary evidence of the prosecution witnesses.”
Report has it that about 32 witnesses are set to testify against Ms Oduah and her co-defendants when the full scale trial commences.
The charges
Review of the charges indicated that CCECC Nigeria Limited allegedly transferred over N2.5 billion into the naira account of a Private Banking Nominee between March 31 and June 6, 2014.
The EFCC, in the 25 counts, accused them of conspiracy to commit money laundering, transferring, taking control and taking possession of proceeds of fraud, aiding and abetting money laundering and opening anonymous bank accounts.
Specifically, the prosecution alleged in two of the 25 counts that Ms Oduah and Ms Odita opened anonymous “Private Banking Nominee” dollar and naira accounts with First Bank, thereby committing an offence contrary to section 11(1) of the Money Laundering (Prohibition) Act 2011 (as amended) and punishable under section 11(4) (a) of the same Act.
Review of the charges showed that CCECC Nigeria Limited allegedly transferred over N2.5billion into the naira account of a Private Banking Nominee between March 31 and June 6, 2014.
In seven of the counts where CCECC is indicted singly and along with Ms Oduah and Ms Oditah, the company was accused of conspiring with the defendants to commit money laundering, and directly transferring to Private Banking Nominee account various sums of money totalling N2,583,385,246 which it “reasonably ought to have known forms part of the proceeds of an unlawful activity to wit: fraud…”
The prosecution alleged for instance in Count 17, that CCECC Nigeria, “on various dates between March 5, 2014, and May 30, 2014” in Abuja “directly transferred the sum of N868409,349.00 from your account with Zenith Bank Place to Private Banking Nominee Account 2024414450 domiciled with First Bank Plc, which money you reasonably ought to have known forms part of the proceeds of an unlawful act to wit: fraud…”
In another count, it alleged that Ms Oduah and Ms Odita, on various dates between March and May 2014, “took control of the sum of N1,225,347,524 transferred from China Civil Engineering Construction Corporation (CCECC) Nigeria Ltd bank account with Zenith Bank Plc to Private Banking Nominee Account No 2024414450 domiciled with First Bank Plc, which money you reasonably ought to have known forms part of the proceeds of an unlawful act to wit: fraud…”
It also alleged that under similar circumstances, Ms Oduah and Ms Odita, between March 31 and April 1, 2014 in Abuja “did take control of N500,000,000 directly transferred from the GTB account number 0033880295 account” belonging to CCECC to “Private Banking Nominee account number 2024414450 domiciled with First Bank Plc.”
Many of the counts centred on transactions involving over N2.4 billion which flowed out from I-See Security’s bank account but with nothing to do with CCECC.
In one of the other counts, for instance, Ms Oduah and Ms Odita were said to have, on February 26, 2014, used their “positions to transfer the sum of N838,000,000 from Broadwaters Resources Limited account number 2023201064 with First Bank to Sobora International Ltd account number 2022354121 also domiciled with First Bank Plc” when they reasonably ought to know that the money was part of proceeds of fraud.
The prosecution similarly accused the two of using their “positions” to transfer “the sum of N1,629,250 from I-See Security Nig. Ltd account number 2021756955 with First Bank Plc to Global Offshore and Marine Ltd account number 2022977296 also domiciled with First Bank Plc” on February 12, 2014.
It also alleged that Tip Top Global Resources Ltd on April 17, 2014 “took possession of N780,000,000 transferred from account number 0042101097 with Diamond Bank Plc from Global Offshore and Marine Ltd account number 2022977296 domiciled with First Bank” under fraudulent circumstances.
Similarly, the EFCC alleged that Nwobu Nnamdi, Chukwuma Chinyere and Crystal Television Limited on April 28, 2014 “did take control of the sum of N840,613,092.28 transferred to the account of Crystal Television Ltd number 2022332068 with First Bank Plc from Global Offshore and Marine Ltd No. 202977296 with First Bank Plc.”
It also accused Ms Odita of aiding and abetting Ms Oduah to transfer N780,000,000 from Global Offshore and Marine Ltd account to Tip Top Global Resources account on April 16, 2014, and to transfer N840,613,092.28 from Global Offshore and Marine Ltd account to Tip Top Global Resources Ltd Account on April 24.
Indicting those alleged to be involved in the entire I-See Security transactions, the prosecution alleged that Ms Oduah, whilst being the Minister of Aviation; Gloria Odita, whilst being the Company Secretary to SPGC and an aide to Ms Oduah; Nwobu Nnamdi, whilst being an employee of SPGC and an aide to the ex-minister; Chukwuwumba Chinyere, Global Offshore And Marine Ltd, Tip Top Global resources Ltd, Crustal Television Ltd, and Sobora International Ltd, between January and April 2014 in Abuja “did conspire among yourselves to commit an offence to wit: money laundering.”
The offence of conspiracy to commit money laundering was said to be contrary to section 18(a), and punishable under section 15(3) and (4) of the Money Laundering (Prohibition) Act 2011 (as amended).
The EFCC said transferring of funds which the defendant ought to know to be part of the proceeds of unlawful activities, violated section 15(2)(b) and punishable under 15(3) of the same Act.
It added that taking control of such funds is contrary to section 18(a) and punishable under 15(3) of the same Act, and that taking possession of such proceeds of fraud violated section 15(2)(d) and is punishable under section 15(4) of Act.
The alleged offences of aiding and abetting the transfer of proceeds of fraud levelled against Ms Odita according to the agency also violated section 15(2)(b) and is punishable under section 15(3) of the Act.
With additional reports: Premium Times
