Even without ruling on an
oral motion for bail, Justice E. S Chukwu of the Federal High Court, Maitama
Abuja today released the trio of Imaobong Akon Esu-Nte ,an accountant with the
Nigeria Prisons Service; Olukolade Olabamiji, a businessman and Mohammed
Abdulkadir to their counsel, Titus Olasupo Ashaolu, SAN despite protest from
the prosecution counsel, Aso Larry Peters.
Before they were arraigned today, some of the accused persons
had engaged the prosecution in a hide and seek game, deliberately making
themselves unavailable for service. Surprisingly, when the matter was called, the
accused persons were present.
Conscious of the fact that failure to serve the accused
with the charge before trial could be a
bubby trap that might be exploited as possible grounds of appeal in the
event of conviction, EFCC counsel, Peters, drew the court’s attention to the
efforts of the Commission to ensure that the accused persons were duly served.
Surprisingly, the trial judge told the prosecution counsel that the accused persons
claimed they have been served. Peters however insisted that the court put this
on record.
In view
of their pleas, counsel to EFCC. Aso Larry Peters asked the court to fix a date
to commence trial.
The accused persons alongside their companies: Royal Mall
Nigeria Limited, Transferase Ventures and I.D Integrated Petroleum were docked
on an 11-count charge of conspiracy, forgery, abuse of office and money
launderingby the Economic and Financial Crimes Commission.
Akon Esu-Nte and her
accomplices, allegedly laundered funds from the Nigeria Prisons Service into
the accounts of companies where she has interests, including Abasiaga Global
Resources Limited.
Several of the transactions
were carried out in connivance with her account officer, Mohammed Abdulkadir
who procured drivers licence, AMAC receipt, passport photograph of unknown
people which was used on the mandate cards of the different accounts.
The accused persons pleaded not guilty to the charge when
it was read to them.
One of the count reads:
"That you Akon Esu-Nte (alias Imabong
Akon Esu Nte) being the Head Capital Account at Nigeria Prisons Service
Headquarters, Abuja between January and March 2014, in Abuja within the
Jurisdiction of this Honourable Court, knowingly transferred the sum of
N100,000,000.00 (One hundred million naira only) from Nigeria Prisons Service
accounts into Royal Mall Nigeria Limited's United Bank for Africa account
number: 1017758108; which sum represent proceeds of unlawful act and thereby
committed an offence contrary to section 15(2)(b) of the Money Laundering
(Prohibition) Act, 2011 (As
amended by the Money Laundering (Prohibition) Amendment Act,2012) and
punishable under section 15(3) of the same Act".
However, defence counsel, Titus Olasupo
Ashaolu, SAN, who had earlier filed a motion for bail of the accused withdrew it.
Instead, he tabled an oral motion, praying the court to admit the accused to
bail. He argued that, an accused who is brought to court and yet to be tried
and convicted is entitled to bail.
Responding, Peters told the court that,
the defence had earlier served him a formal application for bail which they now
withdrew midway. By this action, he noted that, “it seems the prosecution has
been ambushed and will be asking for short adjournment to reply in the interest
of fair trial and fair hearing”.
Justice Chukwu has adjourned hearing on
the bail application to Thursday, April 16, 2015 while ordering the defence
counsel to take custody of the accused.
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