A Federal High Court in Lagos has reserved judgment in the trial of a
former Aviation Minister, Femi Fani-Kayode, who is charged with money
laundering, for June 18, 2015.
The judgment date was fixed by
Justice Rita Ofili-Ajumogobia on Monday following the adoption of final
written addresses and summary arguments by lawyers to the Economic and
Financial Crimes Commission, EFCC, and the accused person.
Fani-Kayode,
whose trial began in 2008 before Justice Ramat Mohammed, was accused by
the EFCC to have laundered about N100m while he was Minister of Culture
and Tourism and subsequently Aviation Minister.
The supposed laundered sum got reduced to N2.1m on November 17, 2014
after Ofili-Ajumogobia, dismissed 38 out of the 40 counts leveled
against Fani-Kayode by the EFCC for want of proof.
While urging
the court on Monday to uphold the remaining two counts and to
accordingly convict Fani-Kayode, the EFCC prosecutor, Mr. Festus Keyamo
said the former minister had failed to exonerate himself of the
allegations.
He noted that the object of the charge was that
Fani-Kayode transacted in cash sums above N500,000, which was the
threshold stipulated by the Money Laundering Act.
According to the
prosecutor, Fani-Kayode himself had admitted making such transactions
in his confessional statement of December 22, 2008 made to the EFCC.
His words, “In this statement, he admitted that he transacted in cash
above N500,000. My Lord, this statement went in without objection by
the accused person and the statement was voluntary.
“With
the combination of this confessional statement and the statement of the
IPO that investigated the allegation, we rely on all of these to submit
that we have discharged our burden that monies were received by the
accused person in cash and were not done through any financial
institution.”
While declaring that the prosecution had discharged
its duty once it established that Fani-Kayode transacted in large sums
above the Money Laundering threshold, Keyamo noted that it was left for
Fani-Kayode to explain the source of the money.
According to him,
“Once you cannot explain the source of the large sum of money found on
you, you are guilty of money laundering. If the prosecution must show
where the money is coming from, then the whole essence of the money
laundering law is defeated.
“It is not in all cases that the
burden of proof lies on the prosecution; the burden at this point shifts
to the accused person,” Keyamo argued.
The prosecution counsel
further argued that the court could not simply believe that the large
sums in cash that Fani-Kayode allegedly transacted were proceeds of his
father’s estate, saying the accused should have called the tenant, who
paid to testify in court and back it up with his statement of account.
In
his reaction, Fani-Kayode’s lawyer, Mr. Adedayo Adedipe (SAN), in his
summary argument, maintained that Fani-Kayode made no confession to the
EFCC, adding that the anti-graft agency had failed to show that
Fani-Kayode actually accepted a cash sum of N1m as alleged in one of the
counts. Adedipe noted that the EFCC had also failed to show to the court the person who handed the cash sum to the accused persons.
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