The Federal High Court in Lagos on Wednesday adjourned until May 19 for the continuation of the trial of former speaker of the Lagos State House of Assembly, Adeyemi Ikuforiji, charged with alleged N338.8 million money laundering.
Mr Ikuforiji is arraigned by the Economic and Financial Crimes Commission (EFCC) alongside his former Personal Assistant, Oyebode Atoyebi, on 54 counts of money laundering.
They had each pleaded not guilty before the judge, Mohammed Liman, and were allowed to continue on an earlier bail granted to them in 2012 when they were first arraigned.
At the last adjourned date on March 17, the EFCC closed its case after calling the second witness for the prosecution, Adewale Olatunji, a former Clerk of the house.
Prosecution called two witnesses in support of its case.
The case ,which was scheduled for Wednesday for the defence to open its case, could not proceed as defence counsel, Dele Adesina, wrote a letter requesting an adjournment.
In the letter, Mr Adesina, a Senior Advocate of Nigeria, wrote that he would be away attending the burial of a deceased colleague, Olusegun Odubela.
Trial will now resume on May 19.
At the last adjourned date, Mr Olatunji concluded his testimony after he was led in evidence in chief by prosecution, and was also cross examined by defence counsel.
NAN reports that the defendants were first arraigned on March 1, 2012 before Okechukwu Okeke on a 20-count charge bordering on misappropriation and money laundering.
They had each pleaded not guilty to the charges and were granted bails.
The defendants were, however, subsequently re-arraigned before another judge, Ibrahim Buba, following a re-assignment of the case.
Mr Buba had granted them bail in the sum of N500 million each with sureties in like sum.
On Sept. 26, 2014, Mr Buba discharged Mr Ikuforiji and his aide of the charges, after upholding a no case submission of the defendants.
Mr Buba had held that the EFCC failed to establish a prima-facie case against them.
Dissatisfied with the ruling, the EFCC through its counsel, Godwin Obla (SAN), filed the Notice of Appeal dated Sept. 30, 2014 challenging the decision of the trial court.
Mr Obla had argued that the trial court erred in law when it held that the counts were incompetent because they were filed under Section 1(a) of the Money Laundering (Prohibition) Act, 2004 which was repealed by an Act of 2011.
The EFCC further argued that the lower court erred in law when it held that the provisions of Section 1 of the Money Laundering (Prohibition) Act, 2004 and 2011, only applied to natural persons and corporate bodies other than the government.
The commission had also submitted that the trial judge erred in law when he held and concluded that the testimonies of the prosecution witnesses supported the innocence of the respondents.
In its judgement, the Lagos Division of the Appeal Court, in November 2016, agreed with the prosecution and ordered a fresh trial of the defendants before another judge.
Following the decision of the Appeal Court, the defendants headed to the Supreme Court, seeking to overturn the ruling of the appellate court.
Again, in its verdict, the apex court also upheld the decision of the appellate court and ordered that the case be sent back to the Chief Judge of the Federal High Court for reassignment to another judge.
According to the charge, EFCC alleged that the defendants accepted cash payments above the threshold set by the Money Laundering Act, without going through a financial institution.
The commission accused the defendants of conspiring to commit an illegal act of accepting cash payments in the aggregate sum of N338.8 million from the House of Assembly without going through a financial institution.
Mr Ikuforiji was also accused of using his position to misappropriate funds belonging to the Assembly.
The EFCC said the defendants committed the offences between April 2010 and July 2011.
Mr Ikuforiji is arraigned by the Economic and Financial Crimes Commission (EFCC) alongside his former Personal Assistant, Oyebode Atoyebi, on 54 counts of money laundering.
They had each pleaded not guilty before the judge, Mohammed Liman, and were allowed to continue on an earlier bail granted to them in 2012 when they were first arraigned.
At the last adjourned date on March 17, the EFCC closed its case after calling the second witness for the prosecution, Adewale Olatunji, a former Clerk of the house.
Prosecution called two witnesses in support of its case.
The case ,which was scheduled for Wednesday for the defence to open its case, could not proceed as defence counsel, Dele Adesina, wrote a letter requesting an adjournment.
In the letter, Mr Adesina, a Senior Advocate of Nigeria, wrote that he would be away attending the burial of a deceased colleague, Olusegun Odubela.
Trial will now resume on May 19.
At the last adjourned date, Mr Olatunji concluded his testimony after he was led in evidence in chief by prosecution, and was also cross examined by defence counsel.
NAN reports that the defendants were first arraigned on March 1, 2012 before Okechukwu Okeke on a 20-count charge bordering on misappropriation and money laundering.
They had each pleaded not guilty to the charges and were granted bails.
The defendants were, however, subsequently re-arraigned before another judge, Ibrahim Buba, following a re-assignment of the case.
Mr Buba had granted them bail in the sum of N500 million each with sureties in like sum.
On Sept. 26, 2014, Mr Buba discharged Mr Ikuforiji and his aide of the charges, after upholding a no case submission of the defendants.
Mr Buba had held that the EFCC failed to establish a prima-facie case against them.
Dissatisfied with the ruling, the EFCC through its counsel, Godwin Obla (SAN), filed the Notice of Appeal dated Sept. 30, 2014 challenging the decision of the trial court.
Mr Obla had argued that the trial court erred in law when it held that the counts were incompetent because they were filed under Section 1(a) of the Money Laundering (Prohibition) Act, 2004 which was repealed by an Act of 2011.
The EFCC further argued that the lower court erred in law when it held that the provisions of Section 1 of the Money Laundering (Prohibition) Act, 2004 and 2011, only applied to natural persons and corporate bodies other than the government.
The commission had also submitted that the trial judge erred in law when he held and concluded that the testimonies of the prosecution witnesses supported the innocence of the respondents.
In its judgement, the Lagos Division of the Appeal Court, in November 2016, agreed with the prosecution and ordered a fresh trial of the defendants before another judge.
Following the decision of the Appeal Court, the defendants headed to the Supreme Court, seeking to overturn the ruling of the appellate court.
Again, in its verdict, the apex court also upheld the decision of the appellate court and ordered that the case be sent back to the Chief Judge of the Federal High Court for reassignment to another judge.
According to the charge, EFCC alleged that the defendants accepted cash payments above the threshold set by the Money Laundering Act, without going through a financial institution.
The commission accused the defendants of conspiring to commit an illegal act of accepting cash payments in the aggregate sum of N338.8 million from the House of Assembly without going through a financial institution.
Mr Ikuforiji was also accused of using his position to misappropriate funds belonging to the Assembly.
The EFCC said the defendants committed the offences between April 2010 and July 2011.
The offences, according to the EFCC, contravene the provisions of Sections 15 (1d), 16(1d) and 18 of Money Laundering Act, 2004 and 2011.(NAN)