The Economic and Financial Crimes Commission (EFCC) has rejected an offer for an out-of-court settlement by a former Minister of State for the Federal Capital Territory, Ms. Jumoke Akinjide, and two others on trial over alleged N650 million fraud. Akinjide was, on January 16, re-arraigned by the anti-graft agency alongside Senator Ayo Adeseun and one Chief (Mrs.) Olanrewaju Otiti, before Justice Muslim Sule Hassan of a Federal High Court in Lagos on a 24-count charge bordering on the alleged offence. At the last hearing of the matter, the former minister, through her lawyer, Chief Bolaji Ayorinde (SAN), notified the court of plans to engage the EFCC on an out-of-court settlement talks.
However, at the resumed hearing of the matter yesterday, EFCC’s lawyer, Nnaemeka Omewa, told the court that he has the instruction of his agency to reject the said proposal, as it was not in line with the provisions of Administration of Criminal Justice Act (ACJA), 2015.
Consequently, he expressed his readiness to proceed to trial in the case. Responding, Ayorinde, Akinjide’s lawyer, while expressing his displeasure at the EFCC’s stance, said the case against his client and other defendants is political.
“The defendants came up with the proposal in line with Section 14 of the EFCC’s Act. Sadly, I was just being informed of the EFCC’s decision on our proposal. I am confident that the case is a sham and will be defended vigorously, as it is political, unnecessary and waste of resources,” the silk said. On his part, Adeseun’s lawyer, Micheal Lana, said the decision of the EFCC to reject the proposal amount ed to a betrayal of trust.
The lawyer chided the EFCC for deceiving his client to withdraw a suit that was filed against the agency and one of its prosecutors, Rotimi Oyedepo, under the guise that the criminal charge over the alleged N650 million fraud will be dropped. Lana said: “Oyedepo made a proposal to us and we believed him.
Based on this, we had to withdraw a suit we filed against him and the EFCC. We have now fulfilled the conditions by withdrawing the suit while the money he requested for was also paid. “It’s sacrosanct ethically that such a thing is not condoned in the legal profession.
Oyedepo was the initiator of the settlement and we are highly disappointed in him.” In his submissions, Otiti’s lawyer, Akinola Oladeji, aligned himself with the submissions of other defence lawyers by condemning the action of the EFCC.
He also drew the court’s attention to a motion seeking to vary his client’s bail that has been pending before the court. He said his client’s plan to travel abroad for medical check-up has been delayed owing to the fact that the court is yet to hear the motion.
But, Omewa denied that the case was politically motivated, adding that the allegations against Oyedepo were false. “The EFCC is not a political party. We are an independent organisation and not out to witch-hunt anybody. There is no documentary evidence that they had any such agreement with Oyedepo that they should withdraw their suit. There’s no evidence before my Lord,” he said. In a bench ruling on all the submissions, Justice Hassan said: “I have listened to the arguments. Since the settlement had broken down, I will go to the trial of this case.
The third defendant’s application is not ripe for hearing; it shall be taken at the next adjourned date.” Trial in the matter subsequently commenced with the EFCC calling its first witness, Mrs. Kehinde Adeniyi. While being led-inevidence by the prosecutor, the witness, who is a banker, told the court that she gave a cash sum of N650 million to Akinjide, Adeseun, and one Hon. Yinka Taiwo, on the instruction of one Martins Ozuogbe, from her bank’s head office. She said: “On March 26, 2015, I received a call from our Head of Operations, Mr. Martins Izuegbe, that we should pay the sum of N650 million to Akinjide, Adeseun and Hon. Yinka Taiwo, once they produce two means of identification and sign a receipt of payment. “They came, signed and the payment was made.
The payment was in naira. They came with their Hillux van to pick up the cash.” The receipt of payment was later tendered in evidence by the prosecution. Speaking under crossexamination by Akinjide’s lawyer, Ayorinde, the witness disclosed that she made three statements to the EFCC. The statements were also tendered in evidence.
Adeniyi added that she merely carried out the instructions she was given, and that she did not know the source of the funds. While admitting knowing Mrs. Diezani Alison-Madueke, the witness denied knowing how the money was used.
Further hearing in the matter has been adjourned to March 8 and 9. In the amended charge, the defendants were accused of receiving N650 million from a former Minister of Petroleum Resources, Alison-Madueke, to influence the outcome of the 2015 general elections. The money was said to be part of the $115 million allegedly shared by the former minister to influence the election results.
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