A Federal High Court sitting in Lagos State on Wednesday discharged and acquitted former aviation minister, Femi Fani-Kayode, on money laundering charges.
The presiding judge, Justice Ofili-Ajumogobia, said the prosecution failed to prove all the allegations against the accused.
Justice Ajumogobia said that after reviewing the submission of witnesses in the matter, it was clear that a total of N2.1 million was deposited in Fani-Kayode’s account, but that “the giver was unclear”.
She said the testimony was totally unreliable, since it was not clear whether the monies were received without breaching the money laundering law.
She said: “No offence is committed when the amount received is less than N500, 000. From the evidence before this court, the giver of the said monies is hazy and unproven”.
The judge also dismissed alleged confessional statement of Fani-Kayode in relation to the N19.5 billion Aviation Intervention Fund.
“The prosecution has failed to prove this case beyond reasonable doubt and there is nothing to support that the accused committed an offence under Section 15 (1) of the Money Laundering Act. The accused person is hereby discharged and acquitted. And that is the judgment of this court,” Justice Ofili-Ajumogobia ruled.
Meanwhile, the EFCC has expressed shock over the judgement. A statement by spokesman of the EFCC, Wilson Uwujaren said:“The commission is making efforts to obtain a Certified True Copy of the ruling, to enable it respond appropriately after careful review of the judgment”.
Fani-Kayode was arrested on July 1, 2008, by operatives of the Economic and Financial Crimes Commission (EFCC) at the premises of the National Assembly, after he appeared at the public hearing on the N19.5 billion Aviation Intervention Fund.
He was first charged before an Abuja Magistrate’s Court and later arraigned in December 2008 before Justice Ramat Mohammed of the Federal High Court in Lagos.
Fani-Kayode’s case was re-assigned to Justice Binta Murtala-Nyako, and was immediately re-arraigned before the court due to the transfer of Justice Ramat Mohammed out of Lagos division court.
Justice Murtala-Nyako’s transfer out of Lagos division caused the case to be re-assigned to Justice Rita Ofili-Ajumogobia. He was re-arraigned before the court on an amended 40-count charge.
The EFCC’s legal team led by Festus Keyamo opened the case and brought six witnesses against the accused, one of whom was Olasupo Agbaje, Fani-Kayode’s former Personal Assistant. He was initially said to be at large, but later appeared in the matter as a prosecution witness.
During his testimony, Agbaje chronicled cash deposits to the account of the accused with FinBank (now First City Monument Bank), Apapa, Lagos.
But Agbaje said he could not remember making the deposits. Ojo Apor, a civil servant, another witness, with the National Arts Gallery, a parastatal under the Federal Ministry of Culture and Tourism (Fani-Kayode’s first ministerial position), testified how Fani-Kayode gave him money to deposit in his account.
Apor, who was also Fani-Kayode’s Personal Assistant, however, said he did not know the source of the money his boss gave him.
Reacting, Festus Keyamo said the EFCC will study the judgment and take requisite steps.
– with web reports
