A federal high court sitting in
Abuja on Thursday ruled that Azibaola Robert, a cousin of ex-President Goodluck
Jonathan, has to face at two-count charge.
Nnamdi Dimgba, the presiding
judge, sustained two of the 9-count amended charge of money laundering and
criminal conspiracy preferred against Azibaola by the Economic and Financial
Crimes Commission (EFCC).
Azibaola was charged alongside
his wife, Stella Azibaola and their company, One Plus Holdings Nigeria Limited
for the alleged diversion of $40 million meant for the supply of tactical
communication kits for special forces.
The money was allegedly
transferred from the account of the office of Sambo Dasuki, former National
Security Adviser (NSA)with the Central Bank of Nigeria to the domiciliary
account of their company
The anti-graft agency had called
ten witnesses and tendered 27 documents before the court, after which it closed
its case on January 23.
Chris Uche, counsel to Azibaola,
then filed a no-case submission to dismiss the charge against his clients.
Uche said the prosecution had
failed to establish a nexus between the defendant and the alleged offence.
According to him, the evidence
presented by the prosecution showed no nexus with the defendants.
However, Francis Jirbo, counsel
to the EFCC, argued that the prosecution had established a prima facie case to
the effect that there was a document which talked about a contract for the
supply of communication kits for special forces and there was nothing to show
that the kits were provided or supplied.
Dimgba ruled in favour of the
prosecutor, holding that “the no-case submission succeeded in part and also
failed in part”.
He held that a prima facie case
had been established against the 1st and 3rd defendants – Robert Azibaola and
his company respectively- on counts 2 and 3, while upholding the no case
submission on counts 1,4,5,6,7,8 and 9, but acquitted Stella on all counts.
He, consequently, ordered the 1st
and 3rd defendant to enter their defence as a prima facie case has been
established against them on counts 2 and 3.
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