A Federal High Court in Lagos on Monday fixed June 18 for
judgment in the trial of a former Minister of Aviation, Femi Fani-Kayode,
charged with money laundering by the Economic and Financial Crimes Commission
(EFCC) and the accused. Fani-Kayode, whose trial began in 2008 was accused on 40
counts of laundering about N100 million while he was the Minister of Culture
and Tourism and later, the Minister of Aviation.
The laundered sum was, however, reduced to N2.1 million on
Nov. 17, 2014 after the 38 of the 40 counts was dismissed for want of proof. At the resumed trial of the case on Monday, the EFCC prosecutor,
Mr Festus Keyamo, urged the court to uphold the remaining two counts and to,
accordingly, convict Fani-Kayode.
According to him, Fani-Kayode transacted in cash sums above
N500,000 which was the threshold stipulated by the Money Laundering Act and had
personally admitted making such transactions in his confessional statement of
Dec. 22, 2008 to the EFCC.
``With the combination of this confessional statement and
the statement of the investigating police officer that investigated the
allegations, we rely on all of these to submit that we have discharged our
burden that monies were received by the accused in cash and were not done
through any financial institution."
``Once you cannot explain the source of the large sums of
money found on you, you are guilty of money laundering.
``If the prosecution must show where the money is coming
from, then the whole essence of the money laundering law is defeated.
He further argued that the court could not simply believe
that the large sums that Fani-Kayode allegedly transacted were proceeds from
his father's estate.
According to him, the accused should have called the tenant
who paid in the money to testify in court and also back it up with his bank’s
statement.
However, Fani-Kayode's counsel, Mr Adedayo Adedipe (SAN),
maintained that Fani-Kayode made no confession to the EFCC, adding that the
anti-graft agency had failed to show that Fani-Kayode actually accepted cash
amounting to N1million as alleged in one of the counts.
Adedipe said the EFCC also failed to show to the court the
person who handed over the money to the accused persons.
He said for the case of the prosecution to succeed it must
be proved beyond reasonable doubts.
Justice Rita Ofili-Ajumogobia, while fixing judgment for
June 18, also granted an application to substitute Wale Ajisebutu with Ogbor
Elliota as surety for Fani-Kayode
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