The court has spoken!

By Akin Kuponiyi

The trial of the former Kwara State People’s Democratic Party (PDP), Gubernatorial candidate Mr. Mohammed Dele Belgore (SAN), and a former Minister of the Federal Republic of Nigeria, Professor Abubakar Sulaiman, before a Federal High Court, Lagos, south west Nigeria over alleged money laundering of N470 million, was stalled due to the absence of lead prosecutor, Mr. Rotimi Oyedepo.

Belgore and Sulaiman, a professor of Political Science and International Relations, are being tried before Justice Muhammed Aikawa, by the Economic and Financial Crimes Commission (EFCC), on a five count-charge of money laundering.

The two accused pleaded not guilty to the counts, and were granted bail on self-recognisance. The trial of the two accused persons was supposed to commence today, but a lawyer from the EFCC, Mr. Nkewe Anana, told the court of inability of the lead prosecutor, Mr. Oyedepo, to arrive court in time as his vehicle broke down while coming to office, hence he was unable to make it to the court as schedule.

Anana also told the court that the witness the prosecution intend to call in the matter was unable to make it to Lagos yesterday.

He said the witness who is coming from Ekiti State, called the Commission and said he will be coming today.

Consequently, Anana asked the court for a short stand down pending when the lead prosecutor, Mr. Oyedepo, and the witness will arrive.

In response to the prosecution’s application, lawyers to Belgore, Mr. B. O. Shofunde, Mr. Charles Edosanwa, Mr. Seni Adio, and lawyer to Sulaiman, Chief O
Ayanlaja, Chief Bolaji Ayorinde, and Olatunde Busari, all Senior Advocates of Nigeria (SANs) opposed the stand down application of the prosecution, rather they urged the court to adjourned the trial.

Mr. Shofunde (SAN), particularly told the court that the prosecutor only told him of the problem facing the lead prosecutor, Mr. Oyedepo, adding that he did not tell him anything about the witness’ absence.

In acceeding to the request of the defence counsels the presiding judge, Justice Mohammed Aikawa chastised the prosecution for delaying the trial. In his words, Justice Aikawa said: “prosecution should show a sign of seriousness with the case, this is a criminal proceedings, the prosecution should show more seriousness with the matter”.

Consequently, the judge while adjourning the trial till March 13 and 14, urged the prosecution to ensure that all its witnesses are present in court next adjourned day.

In the charge the EFCC alleged that Belgore, and Prof. Abubakar, who was a Nigeria’s Minister of National Planing in 2014, on or about March 27, 2015, conspired among themselves and directly took possession of N450 million, which they reasonably knew to be proceed of crimes.

They were also alleged to have on March 27, 2015, transferred the sum of N50 million to one Sheriff Shagaya, without going through financial institutions.

The alleged offences alleged to have been committed by the accused persons are contrary to Sections 18(a), 15(2)(d),1(a), Section 16(d) of the Money Laundering (Prohibition) (Amendment) Act, 2012, and punishable under Section 15(3), 4 and 16(2)(b)of the same Act.

Count one of the charges reads: “That you, Muhammed Dele Belgore and Prof. Abubakar Sulaiman, on or about the 27th day of March, 2015, in Nigeria within the jurisdiction of this Honourable Court conspired amongst yourselves to directly take possession of the N450, 000,000.00 (Four Hundred and Fifty Million Naira) which sum you reasonably ought to have known forms part of the proceeds of an unlawful and you thereby committed an offence contrary to Section 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 15(3) & 4 of the same Act.

Count two reads: “That you, Muhammed Dele Belgore, Prof. Abubakar Sulaiman on or about the 27th day of March, 2015 in Nigeria within the jurisdiction of this Honourable Court directly took possession of the sum of N450,000,000.00 (Four Hundred and Fifty Million Naira ) which sum you reasonably ought to have known forms part of the proceeds of an unlawful act, and you thereby committed an offence contrary to Section 15(2)(d) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 15(3) & 4 of the same Act.

And count three reads: “that you, Muhammed Dele Belgore, and Prof. Abubakar Sulaiman, on or about the 27th day of March,2015 in Nigeria, within the jurisdiction of this Honourable Court did conspire amongst yourselves to commit an offence, to wit: making cash payment of the sum of N450,000,000.00 (Four Hundred and Fifty Million Naira) which sum exceeded the amount authorized by Law without going through financial institution and you thereby committed an offence contrary to Section 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 16(2)(b),16(2)(b) of the same Act.

And count four reads: “that you, Muhammed Dele Belgore, Prof. Abubakar Sulaiman on or about the 27th day of March, 2015 in Nigeria within the jurisdiction of this Honourable Court, without going through financial institution, made cash payment in the sum of N450, 000, 000.00 (Four hundred and Fifty Million Naira) which sum exceeded the amount authorized by Law and you thereby committed an offence contrary to Section 1(a), Section 16(d) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 16(2)(b) of the same Act.

While count five reads: That you, Muhammed Dele Belgore and Prof. Abubakar Sulaiman, on or about the 27th day of March, 2015 in Nigeria, within the jurisdiction of this Honourable Court and without going through financial institution made cash payment of the sum of N50,000,000.00 (Fifty Million Naira) to one Sheriff Shagaya which sum exceeded the amount authorized by Law and you thereby committed an offence contrary to Section 1(a), Section 16(d) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 16(2)(b) of the same Act”.