Fraud: Ex-Adamawa gov, Fintiri, arraigned, remanded
(Nigeria) The Economic and Financial Crimes Commission, EFCC, on Thursday, arraigned former Adamawa State governor, Ahmadu Fintiri and Mayim Construction and Properties Limited before Justice A.R. Mohammed of the Federal High Court sitting in Maitama, Abuja on a 5-count charge of money laundering to the tune of N2.9billion.
Fintiri, a former speaker, who also served briefly as the
acting Governor of Adamawa State, allegedly laundered monies through his naira
and dollar accounts domiciled at Ecobank Plc., and making a large cash payment
for the purchase of a property at Plot Number 7, Gana Street , Maitama, Abuja.
Count 4 of the charge reads:
“That you, Ahmadu Umaru and Mayim Construction and
Properties Limited on or about the 9th October 2014 in Abuja within the
jurisdiction of this Honourable Court did indirectly disguise the origin of the
aggregate sum of N550m through a term loan of 12 months purportedly granted to
you by Ecobank Plc for the acquisition of a tea plantation farm from Nigeria
Agricultural Bank in Taraba State which loan you repaid within three months as
acting Governor of Adamawa State from sum which you know form part of proceeds
of unlawful act to wit: corruption and thereby committed an offence contrary to
Section 15(2)(a) of the Money laundering (Prohibition) Act, 2011 as amended in
2012 and punishable under Section 15(3) and (4) of the same Act.”
Upon the reading of the charges, the first defendant,
Fintiri pleaded not guilty, while a plea of ‘not guilty’ was also entered for
Mayim Construction and Properties Limited, pursuant to the provisions of
Section 478 of the Administration of Criminal Justice Act.
In view of the pleas by the accused, counsel to EFCC, Aso Peters,
requested for a date for commencement of trial, and that the defendant be
remanded in prison custody.
However, counsel to the first and second defendants, Mahmud
Magaji, SAN, informed the court that he had a pending motion dated June 24,
2016 and filed on June 27, 2016 seeking for release of the defendant on bail.
This was opposed by the prosecution who noted that the
motion, which represented just the first defendant, sought to remove the second
defendant from the matter.
"This is a criminal trial and it is fundamental that
all processes before your lordship carries the appropriate parties. We have not
amended the charge and your lordship has not ordered us to do so. The motion
filed by the defence is a deliberate attempt to amend the charges, confuse and
frustrate court processes," Peters argued
Referring to precedents, the prosecution requested that the
court discountenance the application, describing it as incompetent.
However, his objection was overruled.
Consequently, the defence moved its application.
In his argument, Magaji stated that since the prosecution
had deposed to a six-paragraph counter affidavit to the effect that
investigations into the matter had been concluded and the defendant had been on administrative bail
of the EFCC, the defendant was not likely to jump bail and would always be
available for trial.
The defence further presented exhibit MAM1 to the effect
that the defendant was physically unwell.
Again, the motion was opposed by the prosecution, who
pointed out that the exhibit MAM1 tendered alongside the defence's motion
claimed that the defendant went for a physical examination on June 9, 2016, and
was diagnosed with heart-related ailments and hypertension.
By this, the prosecution noted that, "It doesn't follow
that results of tests can be issued before a consultation. On that date, the
defendant was in the custody of the EFCC and only released by June 15, 2016, on
administrative bail.
"Somebody is lying under oath. If your lordship grants
bail, we are not sure that this matter will continue”, Peters submitted.
He urged that the discretion of court should be exercised
judiciously based on material evidence before the court.
Thereafter, Justice Mohammed adjourned to July 1, 2016 for
ruling on the bail application and ordered the defendant to be remanded in Kuje
prison custody.
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