SPEAKER of the Lagos State House of Assembly, Adeyemi Ikuforiji and his Personal Assistant, Oyebode Atoyebi, have been re-arraigned by the Economic and Financial Crimes Commission (EFCC) before Justice Ibrahim Buba of the Federal High Court, Lagos. They were re-arraigned over alleged involvement in money laundering to the tune of N338,801,442 from the state House of Assembly without going through a financial institution.
The offence is said to be contrary to Sections 18(a) of the Money Laundering (Prohibition) Act 2011 and punishable under Section 16(2)(b) of the same Act.
The duo, who were re-arraigned on an amended 54-count charge bordering on the offence, pleaded not guilty to the charge.
Shortly after the re-arraignment and their plea taken, counsel to the EFCC, Godwin Obla, intimated the court of the commission’s readiness to proceed with the trial of the case.
But counsel to the Speaker, Tayo Oyetibo (SAN), informed the court that the accused had earlier been granted bail on self-recognition by the former trial judge, Justice Okechukwu Okeke (rtd).
The Senior Advocate explained further that the personal assistant was granted bail, with the Clerk of the House standing as surety and, therefore, prayed the judge to consider varying the terms of bail initially granted by the former trial court, which had been perfected.
Oyetibo stated further that since the accused were granted bail by the former trial court, they have been consistently present in court except at the last adjourned date on the matter when they were not served.
Also, EFCC said yesterday that it is closing the case against Michael Igbinedion by September 23.
A statement from the commission indicated that Igbinedion, younger brother of former Edo State governor, Lucky N. Igbinedion, and five others, have been standing trial in a N25 billion alleged fraud case.
The accused persons in the case are Igbinedion, Patrick Eboigbodin and four companies: Gava Corporation Limited; Romrig Nigeria Limited; PML Securities Company Limited and PML Nigeria Limited. They are facing trial at a Federal High Court sitting in Benin City, Edo State capital.
Three witnesses were called at the resumed hearing last Friday by the EFCC. The first witness, Mr. Ajoyo Sowale, an accounts officer with Guaranty Trust Bank, identified various account statements and account opening documents of the accused persons and confirmed the lodgments made into the various accounts.
“He also told the court that he printed the various account statements and got them certified”, the statement read.
Ikuforiji’s counsel also informed Justice Buba of a bail application dated June 7, 2013, adding that it was done out of caution.
Similarly, counsel to Ikuforiji’s aide, Tunde Akinrimisi, aligned himself with the submissions of Oyetibo and prayed the court to uphold same.
He also prayed the court to rule in line with the earlier bail.
But Obla did not oppose the application. He said the commission is only interested in the bail condition and has to leave that to the discretion of the court.
In his ruling, Justice Buba held that the case before him is a new one and that the court is not bound by the bail condition granted by the former judge.
The judge granted them bail in the sum of N1 billion each with two sureties on N5 million each.
Justice Buba also held that the sureties must swear to an affidavit of means, while the accused must swear to an undertaking that they would always be present in court.
According to the judge, they would not be remanded in prison custody if they were able to perfect the bail conditions within 48 hours. But if they fail, a bench warrant would be issued against them.
The duo had earlier been arraigned on March 1, 2012, on a 20-count charge.
The trial had commenced mid-way before it became obvious that Justice Okechukwu Okeke, who was about retiring, could not finish it.
The duo were said to have conspired between April 2010 and July 2011, to commit the offences.
They were alleged to have committed an illegal act of accepting cash payments amounting to N273,303,780 million from the Lagos State House of Assembly (LSHA) without going through a financial institution.
The Speaker was accused of using his position to misappropriate about N500 million of the LSHA’s fund. The matter has been adjourned to September 25, 26 and 27 for trial.
EFCC’s counsel, Mr. Rotimi Jacobs (SAN), further led the second witness, Mr. Eriyo Amadiayagbon David, who was a personal assistant to Igbinedion, in evidence. David told the court how the second accused person, Igbinedion, instructed him on several occasions to make lodgments into his GTB accounts and those of Romrig Nigeria Limited and Gava Corporation.
According to David, he usually received cash from the accountant at the Government House and paid into the account of the second accused person, “and after paying the government entourage, the remaining cash was usually given to the ADC to the governor”.
The witness further identified his name on the printed account statement of Igbinedion, which is part of the exhibits before the court.
During cross-examination, counsel to the first accused, Mike Ozekhome (SAN), asked the witness if he ever stole government’s money with the first accused person Mr. Eboigbodin, and the witness told the court that he never did.
Jacobs, before calling the third witness, prayed the court to grant his plea for the charges to be amended. According to him, the testimony of the third witness centred more on the amendments.
He also prayed the court for an adjournment to enable the defence study the amended charge. But Ozekhome immediately objected on the ground that the amendments could not be accommodated as the prosecution was expected to close his case.
Ozekhome also added that the defence was yet to read the charge and confer with their clients. Ricky Tafa (SAN) and Mr. Richard Ahonaruogo, both adopted the submissions of Ozekhome.
The presiding judge, J. Liman, turned down the application and asked the prosecution to go ahead and call its last witness. The third witness, Abdulahi Hamza, an EFCC operative, provided a detailed account of how the investigations were conducted and how it was discovered that state funds were diverted by the accused persons for other personal purposes.
In his testimony, Hamza told the court that some of the personal purposes for which the funds were utilised, include buying of various shares and several payments made into the account of Ekpenyong and Sons, a company owned by the first accused person, Eboigbodin.
Justice Liman then adjourned the case to September 23 and 24, 2013.
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