Justice Ahmed Mohammed, in a judgement, held that the Economic and Financial Crimes Commission failed to prove its case beyond reasonable doubt.

Justice Mohammed said that the EFCC had failed to prove the three ingredients of Section 1 of the Money Laundering Prohibition Act which it relied upon.

According to him, to sustain the conviction of the defendant (Yakubu) in this Act, the burden of proof is on the prosecution.

He described the vital ingredients in counts three and four which the anti-graft agency charged the ex-GMD to include receiving cash payment above N5 million, failure to go through a financial institution and that the defendant is a natural person.

“Though the EFCC called six witnesses against Yakubu, the ex-GMD, while demonstrating the ownership of the money allegedly laundered, said the money were received as gifts and goodwill from friends and well wishers after his retirement in 2014.

Mohammed said that Yakubu, while giving his evidence as first defence witness, said that the monies, which are in naira and foreign currencies, were received in bit not as a whole as alleged by the prosecution.

The judge held that the EFCC ought to have applied that Yakubu should mention the names of the donors and if possible, invite them for questioning but failed to do so.

The News Agency of Nigeria reported that the anti-graft agency had, in 2017, raided the residence of the ex-NNPC boss in Kaduna and found 9,772,800 dollars and 74,000 pounds (9.7 million dollars and 74,000 pounds) in a safe.

Yakubu was, however, arraigned on March 16, 2017, on six counts but the trial court struck out counts one and two.

The Court of Appeal also struck out counts five and six and ordered Yakubu to defend himself on counts three and four.

Counts three and four which bordered on failure to make full disclosure of assets, receiving cash without going through a financial institution and intent to avoid a lawful transaction in alleged violation of Section 1(1) of the Money Laundering Act, 2011 and punishable under Section 16(2)(b) of the Act.

Justice Ahmed Mohammed who awarded the sum against the company for oil spillage in Ogoniland stated that the money must be paid within 21 days.

Mohammed also confirmed that  A.O Ejelamo, lawyer to Shell said the company has resolved to pay the monetary compensation awarded in 2010 following a lawsuit instituted by ten representatives of Ogoni people in 2001.

Though Justice Ibrahim Buba of the then Port-Harcourt division of the federal high court awarded N17 billion as compensation to Ogoni people in June 2010 and equally granted the Ogoni chiefs a 25-per cent interest charge on the principal sum of about N17 billion, SPDC appealed against the judgment up to the supreme court and lost.

After the company approached the apex court seeking a review of the judgment debt in 2020, a five-member panel led by Justice Olabode Rhodes- Vivour, dismissed its application in November 2020 on grounds of lacking merit.

While lead counsel to the Ogoni communities Lucius Nwosu noted that the judgement sum, with the accrued interests, stood at about N182 billion, Ejelamo at the resumed court session on Wednesday, August 11, sought the court’s permission to pay the debt through the chief registrar of the court in a bank account to be opened for the purpose.

It was eventually agreed that the amount is to be paid to the aggrieved people through their lawyer, as the communities waived the interest on the principal amount as concession agreed upon during reconciliation

The President and the AGF in their counter affidavit argued that Okpara “has failed to discharge the legal burden of proof that the 2nd defendant is not a serving police officer for the purposes of extension of his tenure in office.”

This is however coming after Justice Ahmed Mohammed ruled that the Nigeria Police Council was not properly served with the originating processes.

The Judge made the ruling on Tuesday, March 16, after observing that there was no legal representation for the NPC. He noted that the service of the documents was done on one Adeyemi, whose status was not stated, on the originating processes, thus making the service improper.

Daily Trust reported that though Okpara’s lawyer, Ugochukwu Ezekiel said the counsel to Buhari and Malami served him in the morning with a counter-affidavit challenging the court’s jurisdiction to hear the matter, the court said service was fundamental to the proceeding.

The lawsuit was adjourned till March 30 for a hearing.

The request, granted by Justice Ahmed Mohammed, was filed by the CBN on October 20.

The suit marked FHC/ABJ/CS/1384/2020 listed those affected by the order to include Bolatito Oduala, Chima Ibebunjoh, Mary Kpengwa, Gatefield Nigeria Limited, Saadat Bibi, Bassey Israel, Wisdom Obi, Nicholas Osazele, Ebere Idibie, Akintomide Yusuf, Uhuo Promise, Mosopefoluwa Odeseye and Adegoke Emmanuel.

Others include Umoh Ekanem, Babatunde Segun, Mulu Teghenan, Mary Oshifowora, Winifred Jacob, Victor Solomon, and Idunu Williams.

The order reads

“A mandatory order is made empowering the plaintiff/applicant to direct the head office of Access Bank of Nigeria Plc, Fidelity Bank Plc, First Bank of Nigeria Plc, Guaranty Trust Bank Plc, United Bank for Africa Plc and Zenith Bank Plc to freeze forthwith all transactions on the 20 bank accounts listed for a period of 90 days pending the outcome of investigation and inquiry currently being conducted by the Central Bank of Nigeria. It is, however, directed that the 90-day freezing order, when it lapses, may be renewed upon good cause shown by the applicant. It is also directed that any person, whether artificial or natural, that is affected by this order may apply to the court to have his grievance or complaint heard by the court. The suit is adjourned till February 4, 2021.”