For the failure of the Economic and Financial Crime Commission(EFCC) to prove the money laundering allegation, the Court of Appeal in Abuja, Thursday, quashed the fraud allegations against Raymond Dokpesi, the Chairman of DAAR Communications Plc.
The appellate court, in a unanimous decision by a three-man panel of Justices, discharged and acquitted Dokpesi and DAAR Investment and Holdings Ltd of the allegation that they unlawfully received the sum of N2.1billion from the office of the National Security Adviser, ONSA, prior to the 2015 presidential election.
In the lead judgement that was delivered by Justice Elfreda Williams-Dawodu, the appellate court held that the EFCC, “woefully failed to establish the ingredients of the offences” contained in the charge against the Appellants, as required by law
The court noted that the allegation was a predicate offence, stressing that EFCC must firstly prove that the money the former National Security Adviser, NSA, Col. Sambo Dasuki, retd, paid to the Appellants, was from proceeds of crime or an act of money laundering.
“The establishment of the predicate offence is a sine qua non to the proof of money laundering offence.
“A predicate offence is an earlier offence upon which the offence being tried is based. Predicate offence is a foundation offence”, Justice Williams-Dawodu held.
The court further noted that all the predicate offences which bordered on criminal breach of trust, criminal misappropriation and corruption, were allegedly committed by the former NSA, Dasuki.
“I am of the view that irrespective of the ingredients stated earlier and those by the Appellants and the 1st Respondent (EFCC) respectively, prior proof or establishment of the predicate offences in counts 1, 2, 3 and 4 of the amended charge is sine qua non to the proof of the offence of money laundering.
“The 1st Respondent in my considered opinion has woefully failed to establish the predicate offence.
“It is clear that none of the offences were proven or established. The law is trite that the initial burden is on the Prosecution to prove the ingredients of the offence before the burden shifts to the Defendants.
“I am of the view that no case was made against the Appellants to require the Appellants to be called upon to open defence.
“On the face of evidence adduced by the Prosecution, it is not possible that the Appellants can be convicted, as tye evidence were manifestly unreliable”, Justice Williams-Dawodu added.
The appellate court went ahead to set-aside the dismissal of a no-case-submission the Appellants made before the Federal High Court in Abuja where the charge against them was filed by the EFCC.
“Ruling of the lower court is hereby set-aside. The Appellant is hereby discharged”, the Court held in Dokpesi’s appeal marked CA/ABJ/1073/2020.
The Court of Appeal panel also adopted the same reasons in a second appeal marked CA/ABJ/1074/2020, which DAAR Investment and Holding Company Limited lodged against the Federal Government and the EFCC.
The trial court had on November 21, 2018, ordered Dokpesi and DAAR Investment and Holdings Ltd, owners of African Independent Television, AIT and Raypower FM, to open their defence to the seven-count charge.
The Defendants had after the EFCC closed its case with 14 witnesses, maintained that they have no case to answer with regards to the charge.
Their no-case-submission was however dismissed by the current Chief Judge of the Federal High Court, Justice John Tsoho, who said he was satisfied that the EFCC successful established a prima-facie criminal case to warrant the Defendants to give explanations about the alleged fund they received from the office of the NSA.
Dokpesi had through his lawyer, Chief Kanu Agabi, SAN, urged the court to stop his trial, insisting that he did not at any time, illegally recieved funds from the detained former National Security Adviser, Col. Sambo Dasuki, retd.
He argued that Dasuki was in a better position to give explanations if funds were unlawfully disbursed from the ONSA account.
Dokpesi’s lawyer argued that EFCC was unable to by way of credibile evidence, establish a nexus between his client and the commission of any criminal offence.
EFCC had in the charge the appellate court quashed on Thursday, alleged that the Defendants received funds from the ONSA for Peoples Democratic Party’s presidential media campaign.
It told the court that the fund was released to the Defendants between October 2014 and March 19, 2015.
According to the anti-graft agency, the funds were allegedly transferred from an account the office of NSA operated with the Central Bank of Nigeria, CBN, to a FirstBank of Nigeria Plc account owned by Daar Investment and Holding Company Limited.
The prosecution maintained that the transaction was in breach of section 58 (4) (b) of the Public Procurement Act 2007 and punishable under section 58 (6) and 7 of the same Act, as well as under section 17 (b) of the EFCC Act, 2004.
The Defendants however pleaded not guilty to all the allegations.
Meanwhile, the EFCC, through its lawyer, Mr. Oluwaleke Atolagbe, on Thursday, vowed file an appeal at the Supreme Court.
Comments are closed.