A Federal High Court sitting in Lagos has reserved ruling on the ‘no case’ application filed by ex-Nigerian Bar Association, NBA President, Mr Paul Usoro SAN in his alleged N1.4billion money laundering trial till June 10.
Justice Rilwan Aikawa fixed the date after taking arguments for and against the application by both counsel for the Economic and Financial Crimes Commission, EFCC, and that of Usoro.
Usoro was arraigned for the alleged offence on December 18, 2018 before Justice Muslim Hassan of the same court.
The case was re-assigned to Aikawa and Usoro was re-arraigned on March 1, 2019 on a 10-count charge bordering on laundering money for the Akwa Ibom State Government officials to the tune of N1.4bn.
He pleaded not guilty and trial commenced.
At the last hearing of the matter on February 18, the EFCC closed its case after calling two witnesses, following which the judge adjourned.
At the resumption of proceedings, Effiong O. Effiong SAN led three other Senior Advocates of Nigeria (SAN) including Sina Sofola, Bode Olanipekun and Chukwuka Ikwuazom in appearance for the defendant.
Arguing the February 25 no case submission, Effiong submitted that the prosecution only called two witnesses and closed its case because it knew that it had no case against Usoro.
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He submitted that both prosecution witnesses gave conflicting testimonies about the sum in question.
Effiong recalled that Prosecution Witness 1 (PW1) Jacinta Akpabio, a staff of Fidelity Bank in Uyo, stated in her testimony that the request by the Akwa-Ibom State government for the sum of N700m could not be met due to insufficient funds, adding that only N400m was released to the state’s representative.
While, according to him, PW-2 Abdulrahman Rabo stated that he gathered from PW-1 that the sum of N700m was released to the representative of Akwa-Ibom state government.
Effiong prayed the court to allow the no case submission, adding that the prosecution had failed to establish a prima facie case against the defendants, which would have necessitated the defendant’s explanation.
But opposing him, EFCC counsel Uduak Kufre informed the court of his counter-affidavit filed in opposition to Usoro’s application.
Uduak prayed the judge to dismiss the no case submission in view of – according to him – the overwhelming evidence adduced by the prosecution and the exhibits admitted in evidence and order the defendant to enter his defence.
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In the charge marked FHC/418c/18, the anti-graft agency alleged that the defendant committed the offence on May 14, 2016.
Usoro was alleged to have conspired with others to commit the offence and that the N1.4bn belonged to the Akwa Ibom State Government.
The defendant was alleged to have conspired to convert the said sum, which he reasonably ought to have known formed part of the proceeds of an unlawful activity.
The EFCC said the unlawful activity included criminal breach of trust which contravenes sections 15 (2), 15(3), and 18 (A) of the Money Laundering (Prohibition) Act, 2011
One of the counts against the defendant reads: “That you, Paul Usoro, SAN, Emmanuel Udom (currently constitutionally immune against criminal prosecution), Uwemedimo Thomas Nwoko (still at large), Nsikan Linus Nkan, Commissioner of Finance, Akwa Ibom State (still at large), Mfon Jacobson Udomah, Accountant-General, Akwa Ibom State (still at large) and Margaret Thompson Ukpe (still at large), sometime in 2015 in Nigeria, conspired…to commit an offence, to wit: conversion of N1,410,000,000,000 property of the Government of Akwa Ibom State of Nigeria.”
