TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Money Laundering: Court clears Fani-Kayode of 38 out of 40 count charges

The Citizen by The Citizen
November 18 2014
in Latest News, Uncategorized
A A
0

A former minister of aviation, Chief Femi Fani-Kayode was yesterday discharged from 38 out of 40 count charges by a Federal High Court in Lagos over money laundering filed against him by the Economic and Financial Crimes Commission (EFCC).

The trial judge, Justice Rita Ofili Ajumogobia discharged and acquitted the former minister of 38 counts of the charge, she, however, ordered him to open his defence on the remaining two counts,

According to the judge, the EFCC has led evidence to show the ingredient of the offence in counts 25 and 26 which will necessitate the minister to enter his defence.

Justice Ofile-Ajumogobia gave this verdict while ruling on a no case submission filed by Fani-Kayode, in which he had urged the court to discharge him of the charge because the EFCC had failed to establish a prima facie case against him.

Counts 25 reads: “That you, Chief Femi Fani-Kayode on or before 20th Sept. 2006, while serving as minister of culture and tourism of the Federal Republic of Nigeria, in Lagos within the jurisdiction of this honourable court, made a transaction exceeding N500,000 which was not done through financial institution, by accepting cash payment of N1 million, which sum was further paid into your personal account number, 103450252601 with First Inland Bank PLc Apapa branch, now FCMB, through one Supo Agbaje, your administrative staff, now at large.

Count 26 reads, “That you, Chief Femi Fani-Kayode on or before 20th Sept. 2006, while serving as minister of culture and tourism.

of the Federal republic of Nigeria, in lagos within the jurisdiction of this honourable court, made a transaction exceeding N500,000 which was not done through financial institution, by accepting cash payment of N1.1 million, which sum was further paid into your personal account number, 103450252601 with First Inland Bank PLc Apapa branch, now FCMB, through one Supo Agbaje, your administrative staff, now at large.

The EFCC had accused Fani-Kayode of allegedly laundering about N100 million while serving as a Minister under the Obasanjo’s administration.

He was specifically accused of conducting financial transaction exceeding N500,000, which was not done through a financial institution by accepting cash payment of various sum which was further carried in cash to First City Monument Bank Plc (FCMB)) through some of his associates.

The accused person, however, pleaded not guilty to the charge and has since his arraignment in December 2008 being on bail.

In her ruling, the judge listed three issues to be consider before a no case submission can succeed: 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?

After reviewing the case of the prosecution, the court held that the commission failed woefully to prove beyond reasonable doubt the offences in thirty -eight . Counts accordingly discharged and acquitted the former minister on them.

She held that from the wordings of the charge, it was clear that they were basically set out in two formats, with counts one to 33 of the same format, while other counts of different formats.

“For ease of reference, I shall set out counts one and 33 only, being prototype of the two species of the counts; the distinction however, is for the basis of convenience.

“In one format, the accused was alleged to have paid the amount into his own account, while in the other, he was alleged to have paid it into the account of a third party.

“I find that there was an acceptance of cash payment of an amount exceeding N500,000 by the applicant which was not done through a financial institution, and also, a payment at the behest of the applicant.

“This distinction pales into insignificance when one considers the elements of each counts.

“The first element would have been satisfied if the prosecution led evidence to show that cash sums exceeding the statutory threshold was handed to a specified third party, which was further transmitted to a financial system.

“The second element is discharged where the prosecution leads evidence to show that the said transmission was at the behest of the applicant.

“It will be immaterial in my view whether the monies were paid into the account of the accused or a third party.

“Only PW4 and PW5 gave evidence about payment; the testimony of PW5 in particular was in respect of counts 21, 23 and 31, and on the application of prosecution, PW5 was declared a hostile witness.

“It is not in doubt that the oral and written submissions of PW5 are contradictory and inconsistent and no reasonable tribunal is expected to convict on such testimony.

“The natural implication therefore, is that no evidence exists before this court to establish counts 21, 23, and 25.

“By extension, the same calamity befalls the remaining counts in the charge. I am of the considered view that no scintilla of evidence has been put forward by prosecution to establish the two key elements of each count in the charge save 25 and 26.

“PW4 testified on counts 25 and 26 that on the instruction of the accused, he made cash deposits in the sum of N1 million and 1.1 million on the Sept. 20 and 29, 2006.

“PW1 was also led in evidence to tender exhibits PE1A and PE1B, purporting to be statements of accounts alleging actual lodgements of the said sum.

“In the light of all these, I hold the firm view that the prosecution has made out a prima facie case to warrant the accused person to put up an explanation by way of defence with respect to counts 25 and 26.

“I need not say more at this stage, in order not to fetter my discretion in this matter.

“The indubitable conclusion to be arrived at is that, this application succeeds in part, the no case submission of the applicant is upheld on all counts, except, counts 25 and 26.

“In other words, the applicant is discharged and acquitted of counts, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, and 40

“The accused is therefore, ordered to enter his defence with respect to counts 25 and 26. This is my ruling as read out in open court” she held.

After the ruling , counsel to Fani-Kayode, Dr Abiodun Layonu urged the court for a short adjournment to enable the defence prepare for their case.

Based on the request, the judge adjourned the case till December 8, when the former minister is expected to open his case.

Fani – Kayode’ s lawyer, Adedipe ( SAN ), had while adopting his submission urged the court to discharge his client of all 40 counts , on the grounds that no case has been made out against him, to warrant him to enter a defence .

According to the lawyer since Fani-Kayode pleaded not guilty to the charges against him, he has joined issues with the prosecution, leaving them to prove their case beyoud reasonable doubt.

Adedipe also noted that “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 (Suprintendent of Police) told this 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 accused, and this does not prove anything against the accused” Adedipe stated.

He further submitted 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 State, Adedipe stressed that by the decision of the Supreme Court, such statement of account could only amount to mere suspicion 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 his counter arguments the EFCC counsel, Festus Keyamo, prayed the court to uphold his written submissions in opposition to the no case submission, and call on the accused to enter his defence.

Keyamo submitted that “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 are done without going through financial institutions, is what comes under the definition of money laundering” he said

The prosecutor, therefore, asked the court to uphold the objection of prosecution, and call on the accused to enter his defence.

It will be recalled that the EFCC had closed its case on July 10, while the defence counsel filed a no case submission on behalf of the accused on August 5.

In the charge, the accused was alleged to have transacted with funds exceeding N500, 000 without going through a financial institution.

The accused was also alleged to have accepted cash payments in the tune of about N100 million, 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, 2004.

Previous Post

‘I cannot count the stolen cars I’ve sold’

Next Post

Governors sabotaging judiciary, says CJN

Related Posts

Again, terrorists kill Nigerian Army Colonel, six soldiers in ambush
Headlines

Again, terrorists kill Nigerian Army Colonel, six soldiers in ambush

April 14 2026
Borno-Yobe Border Market: Army justifies air strike amid civilian deaths
Headlines

Borno-Yobe Border Market: Army justifies air strike amid civilian deaths

April 13 2026
NAF probes Borno-Yobe border market accidental bombing
Headlines

NAF probes Borno-Yobe border market accidental bombing

April 13 2026
Trump lambasts Pope Leo XIV, extends feud over Iran war with American pontiff
Global News

Trump lambasts Pope Leo XIV, extends feud over Iran war with American pontiff

April 13 2026
BREAKING: 56 traders, others die as Airforce ‘accidentally’ bombs Borno/Yobe Market
Headlines

BREAKING: 56 traders, others die as Airforce ‘accidentally’ bombs Borno/Yobe Market

April 12 2026
Nigerians slam Power Minister as two weeks’ promise on electricity fails
Business

Nigerians slam Power Minister as two weeks’ promise on electricity fails

April 12 2026
Next Post

Governors sabotaging judiciary, says CJN

Court strikes out Tambuwal’s suit over withdrawal of security details

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Police launch manhunt for killers of Imo traditional ruler

Police launch manhunt for killers of Imo traditional ruler

by The Editor
April 11 2026
0

...

Lassa fever deaths rise in Nigeria

Lassa fever deaths rise in Nigeria

by The Editor
April 9 2026
0

...

Oyo govt installs Sen Alli, two Ibadan High Chiefs as monarchs in absentia

Oyo govt installs Sen Alli, two Ibadan High Chiefs as monarchs in absentia

by The Editor
April 3 2026
0

...

Abia traditional rulers endorse Gov. Otti for second term

Abia traditional rulers endorse Gov. Otti for second term

by The Editor
March 25 2026
0

...

APPOINTMENTS

416 nurses, midwives get automatic appointments in Yobe

416 nurses, midwives get automatic appointments in Yobe

by The Editor
April 8 2026
0

...

Tinubu renews Bugaje’s appointment as NBTE boss

Tinubu renews Bugaje’s appointment as NBTE boss

by The Editor
April 2 2026
0

...

Kwara governor congratulates new CAF General Secretary

Kwara governor congratulates new CAF General Secretary

by The Editor
April 1 2026
0

...

Senate confirms Magnus Abe as NUPRC board chairman

Senate confirms Magnus Abe as NUPRC board chairman

by The Editor
March 31 2026
0

...

ODDITIES

Bwala, Hasan and the art of the political interview

I had throat surgery after Al Jazeera interview – Daniel Bwala

by The Editor
April 11 2026
0

Robbers cut off teacher’s hand in Kano

Robbers cut off teacher’s hand in Kano

by The Editor
April 9 2026
0

Cross River actor dies after cannon malfunction at rehearsal

Cross River actor dies after cannon malfunction at rehearsal

by The Editor
April 9 2026
0

GLOBAL NEWS

Italy suspends defence agreement with Israel as Lebanon attacks stoke tensions

Italy suspends defence agreement with Israel as Lebanon attacks stoke tensions

by The Editor
April 14 2026
0

...

Ghanaians pray daily for Nigeria’s success, says Pres. Mahama

Ghanaians pray daily for Nigeria’s success, says Pres. Mahama

by The Editor
April 14 2026
0

...

Benin Republic elects 49-year-old Wadagni as new president

Benin Republic elects 49-year-old Wadagni as new president

by The Editor
April 14 2026
0

...

Spain moves to grant legal status to 500,000 migrants

Spain moves to grant legal status to 500,000 migrants

by The Editor
April 14 2026
0

...

Iran estimates initial war damages as $270bn

Iran estimates initial war damages as $270bn

by The Editor
April 14 2026
0

...

State of the States

Delta govt urges youths to join Army

Delta govt urges youths to join Army

by The Editor
April 11 2026
0

...

21,452 applicants jostle for 1,000 rural teaching Jobs in Nasarawa

21,452 applicants jostle for 1,000 rural teaching Jobs in Nasarawa

by The Editor
April 10 2026
0

...

Police begin statewide offensive after deadly Kebbi attacks

Police begin statewide offensive after deadly Kebbi attacks

by The Editor
April 10 2026
0

...

Edo deputy governor’s mother dies at 95

Edo deputy governor’s mother dies at 95

by The Editor
April 8 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Italy suspends defence agreement with Israel as Lebanon attacks stoke tensions

Italy suspends defence agreement with Israel as Lebanon attacks stoke tensions

April 14 2026
Bandits demand ₦30m for kidnapped UNIJOS student

Bandits demand ₦30m for kidnapped UNIJOS student

April 14 2026
Ghanaians pray daily for Nigeria’s success, says Pres. Mahama

Ghanaians pray daily for Nigeria’s success, says Pres. Mahama

April 14 2026
Benin Republic elects 49-year-old Wadagni as new president

Benin Republic elects 49-year-old Wadagni as new president

April 14 2026

EDITORIAL REVIEW

Oil prices jump back toward $100 on Mideast ceasefire doubts

As Nigeria moves away from oil dependency – Punch

by The Editor
April 13 2026
0

Easter gets bloodier – Punch

Easter gets bloodier – Punch

by The Editor
April 12 2026
0

Security chiefs’ discordant tunes – Punch

Security chiefs’ discordant tunes – Punch

by The Editor
April 10 2026
0

NASS: Withdraw MDPA amendment bill – Punch

NASS: Withdraw MDPA amendment bill – Punch

by The Editor
April 9 2026
0

Anti-immigrant protests in South Africa – Punch

Anti-immigrant protests in South Africa – Punch

by The Editor
April 8 2026
0

Opinion

Even INEC admonishes the media?

Even INEC admonishes the media?

by The Editor
April 12 2026
0

...

Enugu: Gov Mbah presents N521.5bn budget for 2024

Mbah: From contested mandate to constructive governance in Enugu

by The Editor
April 9 2026
0

...

Tinubu finds his own demons

How will Tinubu campaign in Plateau State?

by The Editor
April 9 2026
0

...

Bwala, Hasan and the art of the political interview

Bwala, Hasan and the art of the political interview

by The Editor
April 6 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.