Wednesday 19 March 2014

MONEY LAUNDERING ;MR KUFORIJI

The speaker of the Lagos State House of Assembly Honourable Olubi Kuforiji and his Aide Oyebode Atoyebi  are facing charges of money laundering at the Federal High court, this was instituted by the Economic and financial crimes commission which derive its power from the Money Laundering Act.

Section 18 of the Economic and Financial Crimes Commission provides that;

 (1)      Any person who, without lawful authority – 

Offences in relation to economic and financial crimes and petitions 

(a) engages in the acquisition, possession or use of property knowing at the time of its acquisition, possession or use that such property was derived from any offence under this Act; or

(b)    engages in the management, organisation or financing of any of the    offences under this Act; or 

(c) engages in the conversion or transfer of property knowing that such property is derived from any offence under this Act; or 

 (d) engages in the concealment or disguise of the true nature, source, location, disposition, movement, rights, with respect to or ownership of property knowing such property is derived from any offence referred under this Act 

commits an offence under this Act and is liable on conviction to the penalties provided in Subsection (2) of this section. 

(2)  The penalties provided for offences under subsection (1) of this section shall be imprisonment for a term not less than two years and not exceeding three years. 

The trial of the three times  Speaker of the Lagos State House of Assembly continue with the prosecution in person of Adebayo Adeniyi, the EFCC witness, told the court how the defendants collected N13.5 million for honorarium, N4.5 million for renovation of the Speaker’s residence, and N1.5 million for the Speaker’s Guest House every month for six consecutive months.

Mr. Ikuforiji and Oyebode Atoyebi, his aide, are facing a 54-count amended charge of money laundering amounting to over N600 million.

The Economic and Financial Crimes Commission, EFCC, accused the Speaker and his aide of receiving the money from the Lagos State House of Assembly without passing through a financial institution.

The trial was adjourned last January for the prosecution to provide a summarized version of the monies collected by Mr. Ikuforiji and his aide.
But on Tuesday, Godwin Obla, counsel to the EFCC, said that he would rather continue with his previous method to avoid any grounds for appeal.

It was a painstaking effort that required Mr. Obla to go through each of the transactions with the witness. The judge admitted that, but overruled the defence’s plea that the prosecution tabulate the relevant sections of the transactions.
“We’ve lost time. We vacated three days for that exercise to be done,” said Ibrahim Buba, the trial judge.
“What I understand the prosecution to be doing is trying to go through the records viz a viz each count of the allegation. They are entitled to do so.
“It is indeed difficult, if not laborious,” Mr. Buba added.

2011 TRANSACTIONS
Mr. Adeniyi continued his testimony by stating how the Lagos House of Assembly paid millions of naira to Mr. Ikuforiji; his wife, Mayowa; his orderly; his personal assistant; as well as the state’s Deputy Speaker.

All the monies were collected by Mr. Atoyebi and paid for in cash, the witness said.
On July 14, 2011, N5.4 million was paid to Mr. Ikuforiji for a trip to San Diego, California; his personal assistant and orderly collected N1.3 million and N1.2 million respectively, according to Mr. Adeniyi.

On August 1, 2011, N4.4 million was paid to the Speaker as “cost of allowance”; his personal assistant and orderly pocketed N1.2 million and N1.1 million respectively. Two days later, N10 million was paid to the Speaker for Ramadan, the witness said.

On August, 2011, N6.4 million was paid to Mayowa Ikuforiji, the Speaker’s wife; and N1.3 million to the wife’s orderly, the witness said.
Between January and June 2011, N13.5 million was paid as honorarium, every month, to the Speaker, Mr. Adeniyi added.

He said N4 million and N1 million were also paid monthly, within the stated period, for the renovation of the Speaker’s official residence and guest house respectively.

Asked why there were columns with Cheque Numbers in the cash register, Mr. Adeniyi responded that: “What they do is that a cheque is raised in most cases in the name of the Permanent Secretary and cashed from the bank.
“It is this cash that is eventually paid and registered in this document, the details of payments.”

2010 TRANSACTIONS
“Basically, these cash payments are supposed to be made through a financial institution, paid to the beneficiaries, not through cash payments. Cash payments stall the tracing of the monies.
“We discovered that some of it was paid into the account of the first accused person. Some of it was used for his credit card and other personal matters,” he added.

During cross examination by Wole Olanipekun, counsel to Mr. Ikuforiji, Mr. Adeniyi said that he was not aware what the Speaker used the monies for.

“Our investigation is not focused on knowing whether he spent the money on his personal house.
“From our investigation, we did not go in depth into who approved the disbursements, we were particular about the cash disbursement which was above the threshold of transactions by a Permanent Secretary.

“Any payment must be made through e-payment, most especially when it is above the threshold,” Mr. Adeniyi said.
When shown one of the cash registers by the defence lawyer, Mr. Adeniyi said that he could not “remember seeing it.”

Mr. Obla objected to that line of questioning, insisting that the defence must tender the cash register as an exhibit before it court be used for cross examination.
The judge, however, said that the defence was at liberty to use any document that had been brought before the court.

“You cannot file a document and your witness said he cannot remember seeing it. If it was filed by the defence, it is a different ball game altogether,” the judge told Mr. Obla.
“Once you have provided this document, it is for them (the defence) to use it at their own time during the trial, not at your own time,” the judge added.
The trial was adjourned till April 28 for continuation of trial..........CULLED

If at the end of the trial Honourable speaker and his Aide and all those who willingly benefitted from the criminal Act are found guilty they will serve a term of imprisonment .

Thank you.

Oyenike ALLIYU-ADEBIYI LLB(hons)BL

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