ALLEGED $40m FRAUD: Court fixes May 27 for judgement in Jonathan’s cousin’s case

A Federal High Court in Abuja has scheduled judgment for May 27 in the trial of Robert Azibaola, a cousin to former president Goodluck Jonathan.

Azibaola and his company, One Plus Holdings Nigeria Limited, are being persecuted by the Economic and Financial Crimes Commission (EFCC) on a two-count charge bordering on money laundering to the tune of $40m.

Justice Nnamdi Dimgba of the High Court had, on Thursday, fixed the date shortly after lawyers to both the prosecution and defense adopted their final briefs of argument.

Azibaola was alleged to have received the said sum from the detained former National Security Adviser (NSA), Sambo Dasuki, (rtd), without any contract agreement.

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While the prosecution led by Sylvanus Tahir, closed its case against the defendants on January 23, 2017, after calling ten witnesses, the defendants led by Chief Chris Uche SAN, closed their own case on February 6 after the 1st defendant and one Iyeryfama Jaja, testified for the defendants.

EFCC had in the charge marked FHC/ABJ/CR/ 113/2016, alleged that Aziboala had while being the Managing Director/Chief Executive Officer (MD/CEO) and a signatory to the Zenith Bank account of One Plus Holdings Nig Ltd, on or about September 8, 2014, took possession and converted the $39, 999, 958 out of the $40million, and transferred same to the domiciliary account of One Plus Holdings Nig Ltd with Zenith Bank Plc Account No. 5070365750.

It said the 40m was released from an account the Office of the National Security Adviser operated with the Central Bank of Nigeria, upon a transfer mandate Ref. No. 128/S.5LX/139, on the guise that it was meant for the supply of Tactical Communication Kits for Special Forces.

The prosecution added that the defendants reasonably ought to have known that the fund was part of the proceeds of an unlawful activity by Dasuki, adding that they had by their action, committed an offence contrary to section 15(2), (d) of the Money Laundering (Prohibition) Act, 2011 as amended in 2012 and punishable under section 15(3) and (4) of the same Act.

The court discharged and acquitted Aziboala’s wife on the premise that the prosecution failed to establish a prima facie criminal charge against her.

Also, the court on March 29, 2018, struck out seven out of an initial nine-count charge the EFCC preferred against Aziboala, his wife, Stella, and their firm.

In his defence, Aziboala has consistently maintained that the money, okayed by the Nigeria National Petroleum Corporation (NNPC), was deployed to solve oil bunkering and pipeline destruction in the Niger Delta region.

He told the court that the federal government, perturbed by the level of oil bunkering and the vandalization of oil facilities in the region, which he said drastically disrupted oil output and reduced the nation’s cash inflows, engaged his firm to implement strategies he said brought such economic sabotage to an end.

Aziboala said the “assignment” that was handed to him through the ONSA, was discreetly executed, insisting that it achieved the desired result.

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