The Federal High Court sitting in Lagos has dismissed an application by Governor Emmanuel Udom of Akwa-Ibom state challenging its jurisdiction to hear the money laundering charge filed against the President of the Nigerian Bar Association, Paul Usoro (SAN).
Justice Rilwan Aikawa held that Gov. Udoms application lacked merit because he is not a party to the suit.
At the last adjourned date, of 10th May, Gov Udom through his counsel, Dr Charles Mekwunye, argued that it was illegal for the EFCC to put the governor’s name in the charge as he still enjoys immunity as enshrined in Section 308 of the Constitution.
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The counsel had also argued that even the governors aides could not be charged before the court because the funds in issue do not belong to the Federal Government.
In the charge, the EFCC alleged that Usoro converted and laundered the money in connivance with Governor Udom Emmanuel of Akwa- Ibom State.
The governor was however not listed as a defendant in the charge, as the anti-graft agency indicated that he is currently constitutionally immune against criminal prosecution.
One of the counts of the charge reads, That you Paul Usoro SAN, Emmanuel Udom (currently constitutionally immune against criminal prosecution), Uwemedimo Thomas Nwoko (still at large), Nsikan Linus Nkan (Commissioner for Finance, Akwa Ibom state) (still at large), Mfon Jacobson Udomah (Accountant General of Akwa Ibom state) (still at large) and Margaret Thompson Ukpe (still at large) sometimes in 2015 in Nigeria, within the jurisdiction of this Honourable Court conspired amongst yourselves to commit an offence, to wit, conversion of N1.4 billion, property of government of Akwa Ibom state of Nigeria, which sum you reasonably ought to know forms part of the proceeds of an unlawful activity to wit; criminal breach of trust and thereby committed an offence contrary Section 18 (a) of the Money Laundering (Prohibition) Act, 2011 and punishable under Section 15(3) of the same Act.
In his ruling on the preliminary application filed by the governor to challenge the charge, Justice Aikawa held that it is not in doubt that the applicant at the moment belongs to the class of Nigerians who enjoy constitutional immunity from civil & criminal proceedings by virtue of his office as long as he holds that office. But the question is whether it will be valid to say that the applicant is facing a charge before this court.
As far as I know, necessary parties are grouped into complainant and the named defendants who isPaul Usoro in this case.
Usoro is the one the court will turn to and pronounce verdict on, so the inclusion of the applicant does not make him a defendant before this court. The mere mention of the applicant in the counts does not qualify him as a defendant so he is not part of this trial.
Count 1-4, therefore, remains mere statements and has not graduated to a charge. So the Arguments that his right to a fair hearing will be denied if the trial proceeds as it were, is in my view, a case of crying wolf where there is none. The Applicant is not a part of the trial.
On the issue of the Governors aides mentioned in the charge, Justice Aikawa said, I think this issue has been settled. The EFCC can bring this money laundering charge against persons-in the Federal or State High court- as it desires so the arguments of the counsel cannot stand.
It is my view that this application is lacking in merit and is accordingly dismissed
The court also granted an order directing the EFCC to serve its proof of evidence and the summary of some of its witnesses statements on oath to the defendant within 7days.
The trial was then adjourned till the 3rd of July.
