Money Laundering: Femi Fani-Kayode re-arraigned again

Fani-Kayode

Former Minister of Aviation, Mr. Femi Fani-Kayode, was on Monday re-arraigned for money laundering charges which were first instituted against him by the Economic and Financial Crimes Commission in 2008.

Justice Rita Ofili-Ajumogobia is the third judge of the Federal High Court in Lagos, hearing the matter. The matter had always started afresh each time it was transferred to a new judge.

The fresh re-arraignment move followed the first appearance of the prosecuting counsel, Mr. Festus Keyamo, in the case after the court ruled that no one else except him was competent to prosecute the case.

The judge had ruled an objection filed against the continued appearance of lawyers from Keyamo’s law firm, that since the fiat to prosecute the case was given to Keyamo in his personal capacity, nobody else could appear in the case on his behalf.

Keyamo, at the Monday’s proceedings indicated to the court that the prosecution had amended the charges instituted against the accused.

But the re-arraignment was stalled after the first among the 40 counts of money laundering instituted against the accused was read to him.

The prosecution in the amended charges, alleged that about N99m was involved in the alleged offence contrary to the old ones with 47 counts which allegedly involved N230m.

Fani-Kayode’s lawyer, Mr. Ifedayo Adedipe (SAN), interrupted the reading of the charges, challenging the validity of the charges which he said contravened Section 167 of the Criminal Procedure Act.

Adedipe said, “The accused person is alleged to have received money from a nameless, anonymous person.

“The accused was said to have accepted cash payments of over N10m without stating the donor of the said money. We have to know the person so we can know who to address. As it is, the charge is vague.”

He also contended that all other counts preferred against his client stipulated that the accused person was alleged to have, “accepted various sums of money, without mentioning the names of the person from whom the monies were received.”

He argued that the charges were invalid, persecutory and oppressive.

But Keyamo insisted that since the charges touched on money laundering, the sums of money involved were from unknown sources, which he said was what distinguished money laundering from stealing.

“The very essence of the crime of money laundering is when the money has no origin, when you are caught with large sums of money and you cannot explain the source,” Keyamo said.

He told the judge that he was prepared to file a written address on the issue.

Justice Ofili-Ajumogobia adjourned matter till February 3 for hearing.

Fani-Kayode was first arraigned before Justice Ramat Mohammed in 2008.

Justice Binta Nyako took over the matter in 2012 after Justice Mohammed was transferred out of the Lagos Division of the Federal High Court.

The matter had proceeded to trial when suddenly Nyako was also transferred out of the Lagos Division and the matter transferred to Ofili-Ajumogobia in 2013.