The Economic and
Financial Crimes Commission, EFCC, on Thursday, November 10, 2016 arraigned
Femi Fani-Kayode, erstwhile Minister of Aviation, before Justice John T. Tsoho
of the Federal High Court sitting in Maitama, Abuja on a 5-count charge
bordering on money laundering to the tune of N26million.
Fani-Kayode was alleged
to have received through his police aid, one Victor Ehiabhi, the cash sum
of N26million paid to him by the former Director of Finance and Administration
(DFA) of the Office of the National Security Adviser, ONSA, Shuaibu Salisu on the
instruction of the former NSA, Col. Sambo Dasuki (rtd).
Ehiabhi and Salisu had
through written statements, admitted paying the money to Fani-Kayode in cash.
The accused handled the
cash without going through financial institution as required under the Money
Laundering Act.
One of the counts reads: “That you, Chief Femi Fani-Kayode on or about the 24th
of November, 2014 in Abuja within the jurisdiction of this Honourable Court
directly took possession or control of the sum of N26,000,000 (Twenty Six Million
Naira) paid through one Victor Ehiabhi by one Shuaibu Salisu who was the
Director of Finance and Administration on the instructions , Col. Mohammed
Sambo Dasuki (rtd), former National Security Adviser, purporting the money to
be payment for contract when you reasonably ought to have known that the said
fund formed part of the proceeds of an unlawful activity of Col. Mohammed Sambo
Dasuki (rtd) and Shuaibu Salisu to wit: Criminal breach of Trust and Corruption
and thereby 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) of the same Act.”
The defendant pleaded
not guilty when the charges were read to him.
In view of his plea,
counsel to EFCC, Johnson Ojogbane, asked the court for date to commence trial.
However, Fani-Kayode’s
counsel, Ifedayo Adedipe, SAN, told the court that he had a pending application
seeking bail of his client.
Moving his application,
Adedipe urged the court to grant the accused bail considering the fact the
offence for which the defendant is charged is bailable and the defendant has
been in custody for 21 days.
"My Lord, I will
also like to draw your attention to the fact that the defendant is facing trial
before Justice M. S. Hassan in Lagos and he has granted him bail. We hereby
urge the court to grant the accused bail on self recognition as he has twice
served as a Minister to the Federal Republic of Nigeria or in the alternative,
grant him bail on liberal terms that will enable him attend his trial”, he
prayed.
Responding, Ojogbane
while relying on Section 35 (1)(c) and 35 (4)(a) of the Nigerian Constitution
said, “Although the defendant has been in custody for 21 days, we are still within
the ambits of the law as the arrest and detention was done for the sole purpose
of bringing the defendant to court. I therefore urge the court to excise its
discretion judiciously and judicially in granting the accused bail”.
Justice Tsoho admitted the
defendant to bail in the sum of N50million and one surety in like sum. The
surety must be a resident of the FCT and must have a landed property within the
FCT.
The matter has been
adjourned to December 14, 2016 for trial. The defendant to be remanded in
prison custody pending the fulfilment of his bail conditions.
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