The Economic and Financial Crimes
Commission ( EFCC ) on Wednesday told the Federal High Court in Lagos that it
was unable to serve former National Intelligence Agency (NIA) Director-General
Ambassador Ayodele Oke and his wife Folasade with the money laundering charge
filed against them.
Prosecuting counsel Rotimi
Oyedepo told Justice Chukwujekwu Aneke that the defendants where still outside
the court’s jurisdiction.
“We are having issues with
service of the charge,” Oyedepo said.
According to him, the commission
made unsuccessful efforts to reach Oke and his wife.
“We have gone to their known addresses but
could not find them to be able to serve them with the charge,” Oyedepo said.
He noted that the Administration
of Criminal Justice Act (ACJA) empowers the judge to make an order compelling
the defendants’ appearance.
But, Justice Aneke said he could
not make any such order because the case was not yet properly before him.
“I’ve not seen your file. It’s
when I see the file that I can determine the urgency of any application.
“I can’t exercise my discretion
without seeing the efforts you’ve made on paper,” the judge said.
He asked Oyedepo to return in 24
hours with the necessary processes.
The defendants’ whereabouts is
unknown, with reports saying they had left the country.
Oke and his wife were charged in
connection with the $43, 449, 947, 000 found in Flat 7B, No. 16 Osborne Road,
Osborne Towers in Ikoyi Lagos.
Justice Muslim Hassan had on June
6, 2017, granted a final forfeiture order of the funds since no one appeared before
the court to claim them
The four-count charge against the
couple was signed by Oyedepo, Nnaemeka Omewa and Idris Abubakar Mohammed.
EFCC in the Proof of Evidence
revealed how Flat 7B was bought for $1, 658,000 (N596, 880,000)
It said one Alhaji Shehu Usman
Anka will give evidence of the receipt of the sum of $1, 658,000 from the wife
of the ex-NIA boss.
The anti-graft agency also said
that the agency got about $289, 202, 382.00 from the Central Bank of Nigeria
(CBN).
It added that one Benjamin
Kiksenenso will give evidence of how he was instructed to go to the CBN to
collect the $289, 202, 382.00.
The charges against the ex-NIA
boss are:
“That you, Amb. Ayodele Oke, Mrs.
Folasade Ayodele Oke on or about the 12th day of April 2017 in Lagos concealed
the sum of $43, 449, 947, 000 property of the Federal Government of Nigeria in
Flat 7B, No. 16 Osborne Road, Osborne Towers, Ikoyi Lagos which sum you
reasonably ought to have known formed part of proceeds of an unlawful act to
wit: criminal breach of trust and you thereby committed an offence contrary to
Section 15 (2) (a) of the Money Laundering (Prohibition) (Amendment) Act 2012
and punishable under Section 15(3) of the same Act.
“That you Amb. Ayodele Oke and
Mrs. Folasade Ayodele Oke between 25th day of August 2015 and 2nd day of
September 2015 in Lagos, within the jurisdiction of this court indirectly used
the sum of $1, 658, 000 property of the Federal Government of Nigeria to
acquire Flat 7B, No. 16 Osborne Road, Osborne Towers, Ikoyi Lagos which sum you
reasonably ought to have known formed part of proceeds of an unlawful act to
wit: criminal breach of trust and you thereby committed an offence contrary to
Section 15 (2) (d) of the Money Laundering (Prohibition) (Amendment) Act 2012
and punishable under Section 15(3) of the same Act.
“That you Amb. Ayodele Oke and
Mrs. Folasade Ayodele Oke between 25th day of August 2015 and 2nd day of
September 2015 in Lagos, within the jurisdiction of this court directly
retained $160, 777, 136. 85 property of the Federal Government of Nigeria which
sum you reasonably ought to have known formed part of proceeds of an unlawful
act to wit: criminal breach of trust and you thereby committed an offence
contrary to Section 15 (2) (d) of the Money Laundering (Prohibition)
(Amendment) Act 2012 and punishable under Section 15(3) of the same Act.
“That you Amb. Ayodele Oke and
Mrs. Folasade Ayodele Oke between 25th day of August 2015 and 2nd day of
September 2015 in Lagos, within the jurisdiction of this court directly
converted $160, 777, 136. 85 property of the Federal Government of Nigeria to
your own use which sum you reasonably ought to have known formed part of
proceeds of an unlawful act to wit: criminal breach of trust and you thereby
committed an offence contrary to Section 15 (2) (d) of the Money Laundering
(Prohibition) (Amendment) Act 2012 and punishable under Section 15(3) of the
same Act.”
Justice Aneke adjourned until
Thursday.
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