A federal high court in Abuja has discharged Nicholas
Ashinze, a former aide of Sambo Dasuki, former national security adviser, of
money laundering allegations.
The ruling of the court followed the withdrawal of the case
by the office of the attorney-general of the federation (AGF).
BACKGROUND
Ashinze was arraigned alongside Wolfgang Reinl, an Austrian
security consultant; Sagir Mohammed, a retired military intelligence officer;
and Edidiong Idiong, a legal practitioner,
Other defendants in the case are five companies — Geonel
Integrated Services Limited, Unity Continental Nigeria Limited, Helpline
Organisation, Vibrant Resource Limited and Sologic Integrated Service Limited
listed as 5th to 9th defendants respectively.
They were re-arraigned by the Economic and Financial Crimes
Commission (EFCC) on a 13-count money laundering charge to the tune of N1.8
billion in October 2017.
The money was alleged to have emanated from the office of
the former NSA where Ashinze served as special assistant.
The defendants, however, pleaded not guilty to all the
counts preferred against them.
TUESDAY’S PROCEEDINGS
At the court session on Tuesday, David Kaswe, who appeared
for the AGF, informed the court that he had the approval of Abubakar Malami to
take over the case.
The lawyer said this was in accordance with section 174(1)(a)
and (c) of the 1999 constitution (as amended).
Offem Uket, EFCC’s counsel, said although he was unaware of
the change, he was not opposed to the application.
After taking over the suit, Kaswe moved a motion for the
withdrawal of the criminal charge against the defendants.
Afam Osigwe, Patrick Agu and Anita Isato, all lawyers to the
defendants, did not oppose Kaswe’s application.
They, however, prayed the court for a consequential order
acquitting their clients.
Osigwe, who represented the second, fourth, fifth, and sixth
defendants, argued that considering the facts and circumstances of the case and
including the number of years spent, the court should exercise its
discretionary powers in acquitting the defendants.
“Such an order of acquittal will show that the Nigerian
justice system is one that gives justice to all,” he said.
Other defence lawyers aligned with Osigwe’s submission.
But the AGF’s lawyer opposed the application for an order of
acquittal.
“We pray that the
defendants be discharged but not acquitted,” Kaswe said
Delivering the ruling, Okon Abang, presiding judge, held
that the prosecution had not closed their case before the application for
withdrawal was made.
“The court cannot be
satisfied on the merit of the case except the prosecution closed their case and
the defendants testified in their defence and called their witnesses,” he said.
Consequently, Abang struck out the amended charge and
discharged the defendants.
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