NNPC has recently been battling the N3bn fraud perpetuated by its officials: past and present. In regards this, the EFCC has ordered the former NNPC GMD, Yakubu Andrew to answer the case concerning the $9.7million and £74,000 found in his guest house.
The Abuja division of the High Court on Thursday, held that the former Group Managing Director Mr. Andrew Yakubu, has a case to answer regarding the huge sums found in his guest house.
Yakubu hitherto faced a six-count charge levelled against him by The EFCC. The anti-corruption agency based their strength on the tip-off received from a whistleblower. They raided the defendants guest house situated in Sabon Tasha, Kaduna State and recovered the alleged loot which were in foreign currencies.
EFCC said it
discovered the sum of $9.7million and £74,000 that Yakubu hid in a fireproof
safe inside the house.
A federal high court in Kano had before now ruled that the funds be forfeited to the federal government.
The defendant however insists that the moneys were from the cash gifts received on various occasions. He had earlier been granted bail in the sum of N300million. He filled a no-case-application before the court insisting that the EFCC failed to establish a prima-facie criminal case against him.
The former NNPC GMD, through his lawyer, Ahmed Raji, SAN, contended the totality of evidence the prosecution tendered against him. He claims it is not sufficient to warrant the court to compel him to open his defense on the six-count charge.
As a result, he urged the court to discharge and acquit him of all the criminal allegations the EFCC levelled against him.
The prosecution had on October 17, 2018, closed its case against him after it produced seven witnesses that testified before the trial court.
The EFCC filed a counter-affidavit on 15th January, 2019 through its lawyer, Mr. M.S. Abubarkar. Mr. M.S. Abubarkar in the affidavit maintained that the proof of evidence it adduced before the court was enough to nail the defendant to all the allegations against him. It prayed the court to make the defendant open his defense to the charge.
The trial justice, Ahmed Mohammed, while ruling on the case, agreed with the prosecution’s stand. He agreed that the defendant had explanations to give before the court regarding the charge against him with respect to four charges excluding two charges. The court held that the EFCC lacked sufficient evidence to push through with two of the charges that dealt with how the funds were laundered.
“I accordingly discharge the defendant on counts five and six.
“Even though I am tempted to discharge the defendant on counts one to four, I am however constrained to ask the Defendant to explain how he came about the monies recovered from his house.
“Fortified with my position, the Defendant is hereby ordered to enter his defence in respect of counts one to four”, Justice Mohammed held.
July 3 has been fixed for the ex NNPC boss to open his defence.
Specifically, EFCC had in the charge marked FHC/ABJ/ CR/ 43/ 2017, alleged that Yakubu failed to declare the money in the assets form he filed at the EFCC on August 18, 2015, and thereby committed an offence contrary to section 27(3) (a) of the EFCC (Establishment) Act 2004 and punishable under section 27(3) (c) of the same Act.
In count three and four of the charge dated March 9, FG, alleged that Yakubu had between 2012 and 2014, without going through a financial institution, received cash payments of $9, 772, 800 and £74, 000, and thereby committed an offence contrary to section 1 of Money Laundering (Prohibition) Act 2012 and punishable under section 16(2) of the Act.
In count five and six, FG alleged that Yakubu had with intent to avoid a lawful transaction under the law, transferred at various times in Kaduna, aggregate sums of $9,772, 800 and £74, 000, when he reasonably ought to know that the said funds formed part of the proceed of some form of unlawful activity and thereby committed an offence contrary to section 7(4) (b) (ii) of the Advance Fee Fraud Act, 2006.
Yakubu however pleaded not guilty to the charges in March 16, 2017.
SOURCE: VANGUARD