A Federal High Court in Abuja has scheduled judgment for May 27 in the trial Robert Azibaola, said to be a cousin to former President Goodluck Jonathan, on charges of money laundering.
Justice Nnamdi Dimgba chose the date on Thursday after lawyers to the prosecution and defence adopted their final written addresses.
Azibaola is being tried on a two-count charge, filed by the Economic and Financial Crimes Commission (EFCC).
He is charged with a firm, One Plus Holdings Nigeria Limited, over allegation that he received $40million from the detained former National Security Adviser, NSA, Sambo Dasuki, retd, without any contract agreement.
The prosecution, on January 23, 2017, closed its case after calling ten witnesses, following which Azibaola, who denied any wrong doing, testified in person and called a witness, Iyeryfama Jaja.
The defence closed its case on February 6 after calling two witnesses – Aziboala and Jaja.
On Thursday, Sylvanus Tahir (for the prosecution) and Chris Uche, San, (for the defence) adopted their final written addresses, following which Justice Dimgba adjourned for judgment.
It is the prosecution’s case, in the charge marked FHC/ABJ/CR/ 113/2016, that Aziboala, while being the Managing Director/Chief Executive Officer (MD/CEO) and a signatory to the Zenith Bank account of One Plus Holdings Nig Ltd, on or about September 8, 2014, took possession and converted the $39, 999, 958 out of the $40million, and transferred same to the domiciliary account of One Plus Holdings Nig Ltd with Zenith Bank Plc Account No. 5070365750.
It said the 40m was released from an account the Office of the National Security Adviser operated with the Central Bank of Nigeria, upon a transfer mandate Ref. No. 128/S.5LX/139, on the guise that it was meant for the supply of Tactical Communication Kits for Special Forces.
The prosecution added that the defendants reasonably ought to have known that the fund was part of the proceeds of an unlawful activity by Dasuki, adding that they had by their action, committed an offence contrary to section 15(2), (d) of the Money Laundering (Prohibition) Act, 2011 as amended in 2012 and punishable under section 15(3) and (4) of the same Act.
Earlier, on March 29, 2018, the court partially upheld a no-case-submission made by the defence and struck out seven out of nine counts originally contained in the charge, which had Aziboala, his wife, Stella, and the firm as defendants.
The court discharged and acquitted Aziboala’s wife on the premise that the prosecution failed to establish a prima facie criminal charge against her.
In his defence, Aziboala has consistently maintained that the money, okayed by the Nigeria National Petroleum Corporation (NNPC), was deployed to solve oil bunkering and pipeline destruction in the Niger Delta region.
He told the court that the federal government, perturbed by the level of oil bunkering and the vandalization of oil facilities in the region, which he said drastically disrupted oil output and reduced the nation’s cash inflows, engaged his firm to implement strategies he said brought such economic sabotage to an end.
Aziboala said the “assignment†that was handed to him through the ONSA, was discreetly executed, insisting that it achieved the desired result.
source: thenationonlineng.net/alleged-40m-fraud-court-to-decide-jonathans-cousin-fate-may-27/
