Justice Chukwujekwu Aneke threw out the charge file by the Economic and Financial Crimes Commission (EFCC) on the ground of wrong venue.

He held that the charge against the defendant ought not to have beeen filed in Lagos when the alleged offence was said to have been committed in Abeokuta, the Ogun State capital.

Justice Aneke relied on the Supreme Court’s decision in a case between the EFCC and Mohammed Dele Belgore on territorial jurisdiction.

Babalele was arraigned in 2018 and then re-arraigned on October 8, 2019.

The EFFC accused Babalele of giving former President Olusegun Obasanjo $140,000 on the instruction of Abubakar, who was vying for the office of president in 2019.

He pleaded not guilty on each occasion.

Trial commenced and the prosecution called two witnesses and tendered several documents that were admitted in evidence, before closing its case against the defendant on November 25, 2020.

At the last hearing on December 7, Babalele’s counsel Chief Mike Ozekhome SAN, filed a no-case submission praying the court to dismiss the charge.

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Babalele tendered medical reports from three hospitals – two in Abuja and one in London – showing his health status.

The defendant is being prosecuted by the Economic and Financial Crimes Commission (EFCC) for allegedly laundering $140,000 in the build-up to the last general elections.

The EFCC charged him with the offence on August 14, 2019, before Justice Nicholas Oweibo. But the case was re-assigned and transferred to Justice C. J. Aneke.

Babalele was re-arraigned before the new judge on Tuesday. He pleaded not guilty.

Justice Aneke granted his prayer to continue on the N20 million bail with one surety earlier granted him in August by Justice Oweibo.

But Babalele, through his counsel, Chief Mike Ozekhome (SAN), applied for permission to travel abroad for treatment of his ailment.

The lawyer told the judge that the application contained medical reports from Samiya Hospital and the National Hospital, both in Abuja, and another one from Michael Warren, at a London hospital.

He also told the court that all the annexures to his application “point to great danger” if the defendant did not attend his medicals.

Ozekhome prayed the court to grant the application and release his client’s passport to enable him travel.

But EFCC counsel Rotimi Oyedepo opposed him, praying the court to refuse the application and make an order for accelerated hearing of the charge.

The lawyer averred that there was no invitation for Babalele to travel abroad for treatment, as the one purportedly issued by Michael Warren bore a September 12, 2019 date, which had passed and “there is no appointment to be kept”.

He also argued that all the annexures tendered by the defendant did not suggest that what was diagnosed about the defendant’s ailment could not be treated in any Nigerian hospital.

Following the conclusion of arguments, Justice Aneke adjourned till October 11 for ruling on the application.

Also, further hearing on the money laundering charges filed against Atiku’s counsel, Uyiekpen Giwa-Osagie and his brother, Erhunse Giwa-Osagie, has been adjourned till October 15.

Uyiekpen, a partner in the African Law Practice (ALP) and his brother Erhunse, were arraigned on August 14, before Justice Nicholas Oweibo, for allegedly laundering $2 million.

The Giwa-Osagie brothers are facing three counts of conspiracy, aiding and abetting and money laundering.

They pleaded not guilty and the matter was adjourned till yesterday for trial by Justice Oweibo.

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He also named Folashade Yemi-Esan as the acting head of service “with immediate effect”.

Willie Bassey, director of information at the office of the secretary to the government of the federation, announced this in a statement on Wednesday.

Oyo-Ita is being probed by the Economic and Financial Crimes Commission (EFCC) over an alleged N3 billion contract scam.

Oyo-Ita had offered to proceed on retirement over the probe but the president turned down her request.

The anti-graft agency had questioned her over allegations that she used front companies to get contracts when she was a permanent secretary before her appointment as head of service by Buhari in 2015.

It was learnt that Oyo-Ita was not the subject of the probe. Kabiru Taminu Turaki, former minster of special duties, was being investigated by the EFCC after he stood as surety to Abdullahi Babalele, son-in-law of Atiku Abubakar, in a case of alleged money laundering.

It was in the process that the EFCC stumbled on a petition against Oyo-Ita, dating to her time as permanent secretary under Turaki.

Until her appointment, Yemi-Esan was the permanent secretary, ministry of petroleum resources.

Aside the appointment of the new head of service, the president approved the extension of the tenure of seven retiring permanent secretaries by a year, with effect from October 1, 2019.

They are: Georgina Ehuriah (interior), Ifeoma Anagbogu (women affairs), Grace Gekpe (information), Umar Bello (agriculture and rural development), Suleiman Lawal (foreign affairs), Comfort Ekaro (water resources) and Olusegun Adekunle), – general services office (Office of the secretary to the government of the federation).

According to the statement by Bassey, this is to ensure stability in the federal civil service and effective delivery on the nine priority areas of the administration as well as the mandates given to the new ministers.

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It was learnt that the investigators went to the Library on August 8 to authenticate the claims by one of those under probe that he gave $140,000 (about N50 million) to a library official.

Sources said the EFCC officials, accompanied by policemen, combed some offices at the expansive ex-President’s Library, but it could not be confirmed whether any document was taken away by the operatives, but nobody was arrested.

A source said: “Our operatives went to the library with some riot policemen in anticipation of a possible resistance. But there was none.

“We did our job lawfully without any inhibition. We are still investigating the case. We are screening some documents in our possession on the matter.”

The Olusegun Obasanjo Presidential Library was opened on March 4, 2017. It is a historic, tourist and academic centre established as a national archive for the preservation of documents and materials used by the President during his tenure between 1999 and 2007.

Atiku’s son-in-law Abdullahi Babalele is being investigated alongside others for allegedly laundering 150 million euros. The money is believed to have been spent to influence the 2019 election in which Atiku was the Peoples Democratic Party (PDP) candidate.

About 67, 950,000 euros was traced to ex-VP Atiku’s associate Mr Uyi Giwa-Osagie’s account, Babalele’s account, two slush firms and two Bureau de Change operators.

Of the 67.9m euros, Uyi’s account was credited with 26,050,00 million euros between January 9 and 28, 2019, it was learnt.

Babalele is expected to account for 41,900,000 euros.

Sources said of the cash credited to Babalele’s account, he gave about N50million ($140,000) to his childhood friend, Bashir Mohammed to deliver to an official at the Presidential Library in Abeokuta. The anti-graft agency is investigating why the money was taken to the Presidential Library.

Bashir has reportedly admitted that he delivered the cash to the Presidential Library.

A document obtained by our correspondent on the preliminary investigation reads: “That between 05/02/2018 and 27/11/2018 €41,900,000 (forty one million, nine hundred thousand euro) which sums are reasonably suspected to be proceeds of unlawful activities, was received by a firm linked to Babalele.

“That on February 20, 2019 Babalele called Bashir Mohammed his childhood friend and informed him that he will transfer N50million to him which should be converted to United States dollars.

“That Bashir converted the N50 million at the rate of 360 per dollar amounting to about $140,000

“That on the instruction of Babalele, Bashir took the money to Olusegun Obasanjo Presidential Library, and delivered it to an official in cash.

“That the cash delivered is in excess of the amount authorized by the Money Laundering Prohibition Act, 2011 as amended.

It was learnt that Bashir was taken by detectives to the Presidential Library.

Those interrogated including Babalele, Osagie and Mohammed, are on administrative bail pending the filing of a case against them.”

The EFCC gave details of how it foiled the alleged cash-for-poll laundering.

A report said: “On receipt of this intelligence, the team arrested two BDC operators, namely: Abdullahi Shehu who works with Abdullahi Munaciki of Hasbunallahu BDC, Abuja and Lawal A. Abdullahi of three Brother BDC. The team also recovered the said $1.6million but $141,000.00 had been exchanged to Naira at N358/ per dollar which amounted to N50, 500,000.00 while the balance of $1,459.000.00 USD could not easily be exchanged due to the naira scarcity in the market.

“Investigation conducted regarding the ownership as well as the source of the money so far revealed that Hasbunallahu BDC who is also the owner of Clean and Integrity Services Ltd received three transfers amounting to $5,000,000.00 on February 4 and 114, 2019, from Guernsey Trust Company Nigeria Limited which is an investment company that is being managed by one Uyiekpan Giwa-Osagie in trust on behalf of xxx.

”Investigation carried out on the accounts of Guernsey Trust Company Nig Ltd revealed that various transfers in millions of dollars and cash payments were made to various individuals and companies.”

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Babalele was arraigned on Wednesday, August 14, 2019 on a two-count charge bordering on money laundering to the tune of $140, 000.

The defendant allegedly persuaded one Bashir Mohammed to make a cash payment of the sum of $140,000 without going through any financial institution, an offence contrary to Section 18(c) of the Money Laundering (Prohibition) Act, 2100 as amended and punishable under Section 16(2)(b) of the same Act.

The defendant pleaded not guilty to the charge when it was read to him.

During the proceedings yesterday, Babalele’s lawyer, Mike Ozekhome, SAN, told the court that his client had filed an application for bail and served same on the prosecution.

However, the prosecution counsel, Rotimi Oyedepo, in his response, told the court that he was served with the application yesterday morning and that he would need time to respond to it.

Consequently, Justice Oweibo, after listening to both parties, adjourned to Thursday, August 15, 2019 (today) for hearing of the bail application.

During Thursday’s proceedings, counsel to the defendant, Mike Ozekhome SAN, filed a motion for bail on behalf his client, seeking the order of the court to grant his client bail on self-recognition.

Ozekhome also argued that the prosecution ought not to have opposed the bail application because the defendant was granted an administrative bail by the EFCC, after his arrest and detention in the EFCC custody.

Ozekhome further told the court that the defendant had never jumped the administrative bail granted him by the EFCC since March, 2019, adding that the defendant would be willing to stand his trial.

The defence counsel, therefore, urged the court to grant his client bail and also prayed the court to release his client to him while perfecting his bail conditions “in the circumstance that he is granted bail.” In his response, the prosecution counsel, Usman Buhari, filed a counter-affidavit to the application, urging the court not to grant the defendant bail.

Buhari stated that there were obvious tendencies that the defendant would interfere with the prosecution witnesses, adding that some of the prosecution witnesses had worked under the defendant. Buhari, therefore, urged the court not to grant the defendant bail in the “interest of justice and to allow the prosecution to prove its case beyond reasonable doubt.”

He also told the court that the Law does not allow the release of a defendant to his or her lawyer in any circumstance.

In his ruling, Justice Oweibo granted the defendant bail in the sum of N20m (Twenty Million Naira), with one surety in like sum.

The surety must be resident in Lagos and must be a property owner in Lagos. The property as well as the address of the surety must be verified by the court.

The Judge who further directed that the defendant’s passport must be deposited with the court’s Registrar, remanded Babalele in the EFCC custody pending the perfection of his bail conditions.

Also, during today’s sitting, Justice Oweibo granted both Uyiekpen Giwa-Osagie, a lawyer to Atiku, and his son, Erhunse Giwa-Osagie, bail in the sum of N20m each.

Both defendants were also arraigned yesterday on a three-count charge bordering on money laundering to the tune of $2,000,000.

The defendants pleaded not guilty to the charge preferred against them by the Commission.

Counsel to the first defendant, Ahmed Raji, SAN, as well as counsel to the second defendant, Quarkers Norrison, SAN, filed applications for bail for their clients and also urged the court to grant them bail.

Ruling on the applications today, Justice Oweibo granted bail to the defendants in the sum of N20m each, with one surety in like sum. The sureties must be resident in Lagos and must be property owners in Lagos.

The properties and addresses of the sureties must be verified by the court, while the passports of the defendants must be deposited with the court’s Registrar.

The defendants were released to their counsel for 14 days, pending the perfection of their bail conditions.

Justice Oweibo also ordered the defendants to be remanded in prison, if they failed to perfect their bail conditions at the expiration of the 14 days.

The cases were adjourned to October 8, 2019 for commencement of trial.

The post Atiku’s lawyer, son-in-law, get N20m bail for $2m money laundering appeared first on New Mail Nigeria.

Uyiekpen Osagie-Giwa, Atiku’s lawyer, was also arraigned for allegedly laundering $2 million in connection with the elections.

The duo were arraigned before the federal high court in Lagos, on Wednesday.

Osagie and Babalele were arrested after they honoured an invitation of the anti-graft agency in Lagos on Thursday.

The EFCC had said Osagie made a payment of $2 million without going through any financial institution, the amount which the anti-graft agency said exceeded what is authorised by law.

Osita Chidoka, a Peoples Democratic Party (PDP) chieftain, had accused the EFCC of frustrating Osagie and Babalele by inviting them shortly before the August 12 and August 13 public holidays for the Eid-el-Kabir celebrations.

Chidoka had asked why the agency invited them and asked him to wait till after the holidays.

“A Govt Agency arrests you for laundering your money, grants bail, seizes your passport and ask you to report regularly,” Chidoka had written on Facebook.

“Decides to charge you to court. Invites you on a Friday, aware Mon & Tues are holidays, detains you to wait for Wednesday. Why the wickedness? Why dehumanize?”

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It was learnt that Babalele, who was arrested by the EFCC at his Abuja home on Saturday, had been kept under surveillance by the anti-graft body for some time.

Sources claimed that Babalele was planning to use the money for his father-in-law’s presidential election during the February 23 presidential poll.

It was learnt that Babalele, who is the finance director of a group of companies belonging to Atiku, might soon be released on bail.

Acting spokesman for the EFCC, Tony Orilade, said Babalele had been in the custody of the commission. “Yes, Babalele is with us, but I don’t have details of his case now, but at the appropriate time, we shall speak.”

It was also learnt that the EFCC had secured a court order to keep Atiku’s lawyer Uyiekpen Giwa-Osagie in custody for a longer period.

It was learnt that Giwa-Osagie, who was arrested on February 19 for allegedly laundering $4m, had been undergoing interrogation in custody.

The lawyer is under investigation alongside a bureau de change operator said to have received the money which was allegedly earmarked for the presidential and National Assembly polls by Atiku.

Meanwhile, the EFCC has arraigned one Mudassir Yusuf, before Justice Dije Aboki of the Kano State High Court on two counts bordering on criminal breach of trust.

Yusuf was said to have collected N4m from the complainant in instalments for a textile business which was expected to yield a profit of N800,000 on or before June 12, 2018 to be shared by the complainant and the defendant.

However, at the expiration of the due date, Yusuf failed to pay the complainant the said profit and also declined to refund his capital.

In a statement, the EFCC said Yusuf pleaded not guilty to the charges during his arraignment on Monday and was granted bail.

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