A Federal
High Court in Lagos on Wednesday reserved ruling on a motion seeking to set
aside the guilty plea of four firms allegedly used to launder 15.5 million
dollars belonging to a former First Lady, Dame Patience Jonathan. The motion
was filed by a lawyer, Amajuoyi Azubuike Briggs, who is standing trial
alongside former aide to ex-President Goodluck Jonathan, Waripamo-Owei Dudafa,
and Adedamola Bolodeoku.
The trio is
charged with concealing a total sum of 15.5 million dollars which is said to
have formed part of the proceeds of an unlawful act through various banks in
Nigeria. They were charged along four firms namely — Pluto Property and
Investment Company Ltd, Seagate Property Development and Investment Company Ltd,
Trans Ocean Property and Investment Company Ltd and Avalon Global Property
Development Company.
While the
three accused pleaded not guilty to the charges, the four firms had pleaded
guilty through their representatives — Friday Davies, Agbor Baro, Dioghowori
Frederick and Taiwo Ebenezer. Justice Babs Kuewumi had convicted the firms on
the alleged offence following a review of the facts of the case by prosecution
after their plea.
Dissatisfied,
Dudafa and Briggs had filed separate applications seeking to reverse the plea
before the court. The applications were, however, dismissed by Justice Kuewumi
on the grounds that the same issues were being canvassed by the accused at the
Court of Appeal. Meanwhile, the Court of Appeal in its judgement on June 15,
had directed the lower court to hear Briggs’ motion seeking to reverse the
firm’s plea. At the resumed hearing of the case on Wednesday, the EFCC
prosecutor, Mr Rotimi Oyedepo, sought the court’s permission to continue with
the examination-in-chief of the first prosecution witness.
The request
was, however, opposed by the defence lawyers. Briggs’ lawyer, Mr Ige Asemudara,
drew the court’s attention to the Appeal Court’s judgement which ordered the
hearing of his client’s motion challenging the guilty plea of the four firms.
He also disclosed that he had filed another motion seeking to set aside the
conviction of the four firms. In his own submissions, lawyer representing the
four firms, Chief Mike Ozekhome (SAN) also notified the court of the existence
of a motion he filed since May 8 seeking to set aside the guilty plea of the
firms.
According to
him, the court cannot proceed to trial when the plea of the firms which are in
joint trial with the other accused persons is in contention. Lawyers to the
other accused, Gboyega Oyewole (SAN) and Joseph Okodieme, also aligned
themselves with the submissions. Justice Kuewumi then opted to hear Briggs
motion as directed by the Court of Appeal. Moving the motion, Asemudara, argued
that the plea entered into by the firms where his client is secretary, did not
comply with Sections 477 (3) and 478 of the Administration of Criminal Justice
Act (ACJA) 2015.
Ashemudara
added that the prosecution had yet to file any counter-affidavit against the
motion. In his response, EFCC’s lawyer, Oyedepo, urged the court to rely on its
record with regards to the service of the charge on the directors of the firms
as well as their appearances before the court.
He added that in view of the
firms’ plea which was made by the directors and upon the admission of the facts
reviewed by the prosecution leading to the firms conviction, the motion is a
violent abuse of court’s process. Oyedepo said that the applicant (Briggs)
equally lacked the ‘locus standi’ to complain about the plea of his co-accused
because the plea of an accused person is peculiar and personal to him or her.
The court has fixed Nov. 22 for hearing of other pending applications in the
case.
NAN
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