Reprieve partially came the way of former Minister of Aviation, Chief Femi Fani-Kayode this morning as a federal High Court sitting in Lagos, Southwest Nigeria discharged and acquitted him of thirty-eight count charge of money laundering out of forty count charge filed against him, while the court ordered him to enter his defence in the remaining two counts.

In her ruling, the presiding judge, Rita Ofili Ajumogobia said in considering the issue of no case submission as filed by the defence counsel, certain laid down principles needed to be considered, such as the following. Has the prosecution led any evidence to link the accused person to the commission of the offence? Is the evidence adduced by the prosecution so credible to sway the court to compel the accused person to enter his defence and is the evidence so adduced make meaning and sense to any discerning minds?

Justice Ajumogobia, while appraising the submission of the prosecution and the defence said the prosecution has failed woefully to prove beyond reasonable doubt the offences in thirty-eight. Counts accordingly discharged and acquitted the former minister on this charges while the former minister was ordered to enter his defence in counts twenty-five and twenty-six.

berem:
That's what corrupt thieves get when they are loyal to Jonathan.

Congratulations FFK!

etenyong:
Reprieve partially came the way of former Minister
of Aviation, Chief Femi Fani-Kayode this morning as
a federal High Court sitting in Lagos, Southwest
Nigeria discharged and acquitted him of thirty-eight
count charge of money laundering out of forty
count charge filed against him, while the court
ordered him to enter his defence in the remaining
two counts.
In her ruling, the presiding judge, Rita Ofili
Ajumogobia said in considering the issue of no case
submission as filed by the defence counsel, certain
laid down principles needed to be considered, such
as the following. Has the prosecution led any
evidence to link the accused person to the
commission of the offence? Is the evidence
adduced by the prosecution so credible to sway the
court to compel the accused person to enter his
defence and is the evidence so adduced make
meaning and sense to any discerning minds?
Justice Ajumogobia, while appraising the submission
of the prosecution and the defence said the
prosecution has failed woefully to prove beyond
reasonable doubt the offences in thirty-eight.
Counts accordingly discharged and acquitted the
former minister on this charges while the former
minister was ordered to enter his defence in counts
twenty-five and twenty-six.
The court said the prosecution has led evidence to
show the ingredient of the offence which will
necessitate the minister to enter his defence.
After the ruling, Dr Abiodun Layonu, leading two
other lawyers Tola Oshobi, T. Adigun for the
defence urged the court to give them short
adjournment consequently, the case was adjourned
till 8 December, when Fani-Kayode is expected to
open his defence on those two counts.
Fani-Kayode, is standing trial on an amended 40
count charge, bordering on the alleged offences of
transacting business without going through
financial institution and has been prosecuted by the
anti-graft agency, the Economic and Financial
Crimes Commission, (EFCC).
Last Monday, Fani-Kayode’s lawyer, Mr. Ifedayo
Adedipe (SAN), made a no case submission on
behalf of the former minister. He added that he had
also filed a reply on points of law, in response to
the issues raised by the prosecution in their
processes.
Adedipe while adopting his submission urged the
court to discharge the former minister of all 40
counts, on the grounds that no case has been made
out against him, to warrant him to enter a defence.
He stated that the accused pleaded not guilty to the
charges against him before this court, and by so
doing, he has joined issues with the prosecution,
leaving them to prove their case beyond doubt.
The prosecution called six witnesses, and of all
these witnesses, none of them came forward to
give any evidence that they had any financial
transaction with the accused.
”Pw3 (a Superintendent of Police) told the court
that nobody came forward to say that he gave any
cash to the accused.
”Pw5, (former aide to accused) gave evidence that it
was one Kolade who gave him the money he lodged
into the account of the minister and this does not
prove anything against the accused.”
Adedipe also argued that even though the
statement of account of the accused was put in
evidence for which he was required by the
prosecution to make explanations, such statement
was not prima facie evidence of crime.
Citing the authority of Abacha vs the State, Adedipe
stressed that by the decision of the Supreme Court,
such statement of account could only amount to
mere susspicion which no matter how well placed,
did not constitute a prima facie case.
”If an individual receives several sums of money
from different sources, he is expected to lodge
same, and so, the fact that certain amounts are
found in his account, does not amount to an
offence.
”I therefore, respectfully urge this court to
discharge the accused of all counts in the charge.
In response, the EFCC prosecutor, Mr. Festus
Keyamo, urged the court to uphold his written
submissions in opposition to the no case
submission, and call on the accused to enter his
defence.
”Without wasting the time of this court, I will only
correct one notion, and that is that the
prosecution’s case does not concern lodgement,
but transactions which took place before the
lodgement.
”Transactions which were done without going
through financial institutions, is what comes under
the definition of money laundering,” he said
Keyamo therefore, urged the court to uphold the
objection of prosecution and call on the accused to
enter his defence.
After listening to the submissions both counsels,
Justice Rita Ofili-Ajumogobia adjourned the case till
today for ruling.
The former Minister of Aviation was first arraigned
sometime in December 2008 before Justice Ramat
Mohammed on a 47-count charge. He pleaded not
guilty to the charges and was granted bail in the
sum of N200 million with two sureties in like sum.
He was re-arraigned before Justice Binta Murtala-
Nyako, following the transfer of Mohammed from
Lagos Division.
The minister was again re-arraigned before Justice
Ajumogobia on February 11 2013, after the transfer
of Murtala-Nyako and re-arraigned again before
Ajumogobia on March 6, following the amendment
of the 47-count charge to 40-counts, the EFCC
having dropped seven of the counts.
In the charge, the accused was also alleged to have
accepted various cash payments above N500,000
without going through financial institution while he
held sway as Minister of Aviation and Minister of
Culture and Tourism respectively.
The offence is said to contravene the provisions of
Sections 15(1) (a) (b) (c) (d) and 15 (2) (a) (b) of
the Money Laundering (prohibition) Act, 200
www.pmnewsnigeria.com/2014/11/17/fani-kayode-discharged-acquitted-of-money-laundering/

Chanchit:
Na thunder go dismember all of una from the judge to FFK.

yuzjet:
Oh Really?