The Economic and Financial Crimes Commission (EFCC) has told a Federal High Court sitting in Lafia, Nasarawa State that former Nasarawa State Governor, Aliyu Doma, and six others standing trial on a 17-count criminal charge of laundering state funds totalling over N15 billion, “have a case to answer.”
At the sitting presided over by Honourable Justice Marcel Awokulehin, the EFCC said the applications filed before the court by the accused persons seeking to quash the case lacked merit and should be struck out.
The other accused persons are Senator John Dangoyi, Abdulmumin Jibrin, Timothy Anjide, Dauda Egwa, Suleiman Ibrahim, Broworks Ltd and Green Forest Investment Ltd.
At the resumed hearing of the case on Monday, the prosecution counsel, Dele Adesina (SAN), who stood in for Kemi Pinhiero (SAN) told the court that EFCC was opposing eight applications filed by Doma and six other co-accused persons seeking to quash the case against them.
Counsel to the accused persons, excluding the 4th and 8th accused persons, S.I Ameh (SAN) had earlier moved a motion to quash the charges preferred against them.
Also, counsel to Doma and Abdulmumin Jibrin, Charles Edosonwan (SAN) had prayed the court to discharge the accused persons on the grounds that prosecution did not disclose the element of crime in the charge.
“This is a criminal proceeding that ought not to proceed,” he stated.
He said the case was an attempt to criminalise government and that the trial was instituted because they once held government positions.
However, EFCC’s counsel argued that the accused persons’ counsel should have brought the application to quash the case before their plea was taken.
He said that by taking their plea, they had joined issues with the prosecution and challenged the prosecution to prove the case for which they were charged.
As to whether the charges were vague and ambiguous, the counsel urged the court to look at its record which showed that the accused persons, having pleaded not guilty to the charges, cannot turn round to say the charges they listened to are now vague and ambiguous.
He went on to disclose how the statements of some of the accused persons, namely the 2nd and 5th, showed their connectivity with 15% of $89.5m contract that was awarded to Incapint Nigeria Limited.
The said percentage, totalling over N1.5 billion according to the prosecution, was raised in the name of the 5th accused person through a UBA Manager Cheque and was supposed to have been paid to Incapint Nigeria Limited but was paid to a Unity Bank account belonging to the 7th accused person.
In separate statements, both of them acknowledged receiving monies as part of the deal. While the 2nd accused person, Senator John Dangoyi confirmed a “15% Largesse to Incapint Nigeria Limited”.
The judge, after ruling that Doma and his co-accused persons have a case to answer, adjourned the case till June 11, 2012.
