OVER $2.29m, OHAKIM HAS CASE TO ANSWER: COURT
A
Federal High Court in Abuja has ordered a former Governor of Imo State, Mr. Ikedi
Ohakim, to open his defence to charges of money laundering instituted against
him by the Economic and Financial Crimes Commission.
Justice
Adeniyi Ademola made this order in a ruling on Thursday after dismissing the
no-case submission filed by the former governor, who had claimed that the
evidence, led by the prosecution to prove its case, had established no prima
facie case against him.
On July 8, 2015, the
Economic and Financial Crimes Commission arraigned Ohakim, who was Imo State Governor between 2007
and 2011, on three counts of money laundering.
The
prosecution accused Ohakim of purchasing a property at 60 Kwame Nkrumah Street,
Plot 1098, Cadastral Zone A04, Asokoro District, Abuja, with cash payment
of $2.29m, which was said to be dollar equivalent of N270m in November, 2008.
The
offence is said to be contrary to Section 1 of the Money Laundering
(Prohibition) Act 2004 and punishable under Section 15(1)(d) of the same law.
The
former governor was also accused of attempting to conceal the ownership of the
property by entering into an agreement as a tenant in the property.
The
offence is said to be contrary to and punishable under Section 14(1b) of the
Money Laundering (Prohibition) Act.
Ohakim
was also accused of failing to declare the property as part of his assets when
asked by the EFCC to do so in January, 2014, thereby allegedly committing an
offence under Section 27(b) and (c) of the EFCC Act and punishable under the
same section.
After
the prosecution closed its case with six witnesses and tendering of documentary
evidence as exhibits on May 5, 2016, the defendant, through his counsel, Awa
Kalu (SAN), indicated his intention to file a no-case submission.
He
contended that ýthe prosecution’s evidence had failed to link him (Ohakim) to
the commission of the alleged crimes.
He
filed the no-case submission in line with provisions of Section 303 of the
Administration of Criminal Justice Act 2015.
Had the
application succeeded, it would have ended the trial.
But
Justice Ademola, in his ruling on the no-case submission on Thursday, held that
contrary to Ohakim’s claim, the evidence, led by the prosecution, had
established a prima facie case warranting the former governor to open his
defence.
The
court adopted the sole issue formulated by the prosecuting lawyer, Mr. Festus
Keyamo, as to “whether the prosecution has made out a prima facie case so as to
warrant the defendant to enter his defence.”
Justice
Ademola answered the question in the affirmative and resolved it against the
defendant.
The
judge said after reviewing the processes filed by parties to the case with
respect to the no-case submission, their lawyers’ oral submissions and judicial
authorities on principles, which guide such application, it was clear that
Ohakim had case to answer and must have his day in court.
He
added, “I need to add nothing more but to state that after applying these
settled principles of law coupled with several well known cases, some of which
counsel cited before the court as well as reviewing the oral and documentary
evidence adduced by the prosecution, a prima facie case has been made out
against the defendant, necessitating him that the court will call upon him to
defend himself and have his day in court in respect of these criminal charges.
“From the foregoing, the defendant no-case
submission application fails and it is dismissed by this court.”
The
judge fixed October 10 and 13 for Ohakim to open his defence.
OVER $2.29m, OHAKIM HAS CASE TO ANSWER: COURT
Reviewed by Unknown
on
Thursday, June 30, 2016
Rating:
No comments: