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Court Dismisses Belgore’s Application Requesting Statements From EFCC

  Advertisement The Federal High Court sitting in Lagos has dismissed an application filed by a former Governorship Candidate in Kwara state, Dele Belgore asking … Continue reading Court Dismisses Belgore’s Application Requesting Statements From EFCC


 

The Federal High Court sitting in Lagos has dismissed an application filed by a former Governorship Candidate in Kwara state, Dele Belgore asking the court to compel the EFCC to produce one of the statements made by him at the Commission’s office.

At the last sitting of the court, Belgore through his Lawyer, Yemi Akangbe had argued that the EFCC was suppressing evidence by not producing all the statements that his client made during investigation of the alleged crime.

He also argued that it is his constitutional right to have all the statements given to him to enable him prepare his defence and he urged the court to direct the prosecution to produce the statement.

But in his ruling on the issue on Wednesday, Justice Rilwan Aikawa, held that the application was an abuse of court process because he had already considered the issue in his no case submission and determined it when he ruled “that the 1st defendant has a case to answer” and therefore the issue cannot be considered again.

The judge further held that in the event that he was wrong, he would go ahead to consider the merit of the application.
He then took the view that the burden of proving the existence of any other statement other than what the EFCC tendered was on the 1st defendant and he had not discharged it, as he ought to have mentioned the person he made the statement to at the EFCC, the content and the circumstances in which it was made.
He further held that “I am of the view that pluralising statement does not automatically mean there is the existence of any other statement”.

After this ruling, the judge ordered the defendant to put in his defence, if he had any.

The trial could however not go on as the second defendant, Prof Abubakar Suleiman asked for an adjournment on the grounds that he had briefed a new lawyer to represent him.

But the prosecution opposed the request for an adjournment and urged the court to be mindful of the delay tactics of the defendants.

After considering the submissions, the trial judge elected to grant an adjournment to enable the 2nd defendant’s counsel to do the needful and file necessary applications in the case.

The trial was later adjourned to June 25 and 26.

Mr Belgore and the former minister of National Planning, Prof. Abubakar Suleiman are standing trial at the Federal High Court in Lagos over allegations of laundering N450m.

The duo were on November 28, 2017, re-arraigned before the court by the anti-graft agency on an amended 9-count charge bordering on the alleged offence.

They, however, pleaded not guilty to the charge when it was read to them.

In the nine amended charges, the EFCC alleged that a former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke (said to be at large) conspired with Belgore and Suleiman on or about March 27, 2015, to directly take possession of the sum of N450 million, which they reasonably ought to have known forms part of proceeds of unlawful act.

They were also accused of handling the huge sum of money without going through any financial institution, contrary to the provisions of the Money Laundering (Prohibition) Act.