A Federal High Court in Lagos has today Monday 10th February 2014 ordered the
re-arraignment of former Aviation Minister, Femi Fani-Kayode, facing charges of
money laundering.
Justice Rita Ofili-Ajumogobia, gave the order while ruling
on an application of objection filed by Mr. Fani-Kayode’s counsel, Ifedayo
Adedipe, challenging the competence of the charges.
The prosecutor, Festus Keyamo, on January 27, filed an
amended 40-count charge bothering on money laundering against Mr. Fani-Kayode
and urged the court to order him take his plea.
Mr. Fani-Kayode was first arraigned on February 11, 2013 on
a 47-count charge of money laundering. He had pleaded not guilty to the charge
and was granted bail.
In the charge, the accused was alleged to have transacted
funds exceeding N500, 000 without going through due financial process.
The accused was also alleged to have accepted cash payments
of about N100 million while he was the Minister of Aviation and that of Culture
and Tourism, respectively.
The prosecutor told the court that the offence contravened
the provisions of sections 15(1) (a) (b) (c) (d) and 15 (2) (a) (b) of the
Money Laundering (prohibition) Act, 2004.
But Mr. Adedipe objected to the amended charge preferred
against his client.
He argued that the amended charge was invalid as it did not
disclose the identity of the source from whom the accused allegedly obtained
the money.
He further submitted that his client was therefore not in a position
to take his plea in the matter and described the charge as “incompetent”.
Ruling on the application on Monday, Ms. Ofili-Ajumogobia
ordered the accused to take his plea.
She held that it was an abject misconception on the part of
the defence counsel to have raised the objection in the first place.
“The charge against the accused is valid and hereby
sustained.
“The objection raised by the defence counsel lacks merit and
should not have been raised in the first place.
“The accused is hereby directed to plead to the charge.”
The judge also agreed with the prosecution’s submission that
the non-disclosure of the identity of the giver or receiver of the money was
immaterial and could not affect the validity of the charge.
She, therefore, adjourned the case to March 5 to enable the
prosecutor re-arraign the accused on the charge of money laundering.
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