EFCC rearraigns Ladoja, others for alleged laundering of N4.7bn

THE Economic and Financial Crimes Commission on Monday rearraigned a former Oyo State Governor, Alhaji Rashidi Ladoja, two of his former aides, and a firm for allegedly laundering N4.7bn belonging to the state.

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Fmr. Gov. of Oyo State Alh. Ra

The two aides and the company are the former Chairman of the state Housing Corporation, Chief Adewale Atanda, the ex- Commissioner for Finance and Budget, Chief Waheed Akanbi, and Heritage Apartments Limited.

The rearraignment of the three men and the firm followed the withdrawal on Monday, of the original 33-count charge bordering on alleged N6.5bn fraud slammed against them and four others by the anti-graft agency.

The Federal High Court in Lagos had on September 10 fixed the hearing of the N6.5bn case against the accused for Monday (yesterday).

But when the matter came up, an EFCC lawyer, Mr. Festus Keyamo, informed the court that an amended 10-count charge had been filed against the accused.

He consequently urged the court to strike out the original charge.

Justice Mohammed Sanni struck out the original charge and directed the accused to take their pleas on the 10-count charge.

Ladoja, who was wearing a white agbada, Atanda and Akanbi pleaded ‘not guilty’ to the new charges.

But shortly after their pleas were taken, a legal tussle ensued when Keyamo announced a fresh appearance for the EFCC and urged his colleagues to follow suit.

The lawyer to Atanda, Mr. Tayo Oyetibo (SAN), stoutly opposed the development.

Keyamo told the court that the accused had taken fresh pleas and that the former charges against them had been withdrawn and struck out.

He also cited Sections 162-165 of the Criminal Procedure Act to buttress his argument.

He said, “This is a fresh beginning. It also shows that the accused are fresh before the court. If they have taken fresh pleas, then there must be a new appearance.

“The issue before the court is a new trial and I urge the court to hold that for the purpose of the fresh charges, there must be a new appearance.”

Oyetibo, however, faulted Keyamo‘s argument, saying that there was no difference between the original and amended charges.

According to Oyetibo, the EFCC merely substituted the charges. He also cited the case of Elumelu versus. Nigeria Police reported in the 1957 NRLR p.17 to buttress his argument.

He said, “Only one charge was amended. We don‘t have new charges before the court.

“I have said that the amended charges before the court still remain the same.

“For all purposes, the proceedings in which I made appearance remain the same.

“So, I don‘t need to announce another appearance in these proceedings.

“If the proceedings have changed, then I will announce appearance. If we accept this procedure, if the prosecution amends in future, and I do not announce an appearance, it would mean that everything I have done would have been deemed abandoned. That is not the position of the law.”

In his own argument, lawyer to Ladoja, Mr. Yakubu Bayero, said the retention of the numbering in the charge had to do with the administrative conveniences.

He said, “The substance is the body of the charge. And this is why the accused were called upon to respond to the charges.

“I think it is in order for the accused lawyer to announce appearance, since fresh pleas have been taken.”

But the lawyer to Akanbi, Mr. Adeyinka Fusika, aligned himself to the submission of Oyetibo and insisted that there was no need for a fresh appearance.

Lawyer to Heritage, Mr. Sanya Akinyele, also argued that there was no new charge before the court, saying that the amended charges were a mere chronological arrangement.

He also aligned with the submission of Oyetibo.

Justice Sanni, however, told the parties that he would reserve his ruling on the argument over appearance and adjourned the matter till November 11 for trial.

He also ordered that the accused should continue to enjoy their bail, since there was no opposition from the EFCC on the issue.

Some of the new charges against the ex-governor and the other accused reads:

- that you, Chief Ladoja, Atanda, Akanbi and HAL converted N1.93bn property of Oyo State Government, through the account of HAL at GTBank which sum you knew represented the proceeds of a crime;

- that you, Ladoja, Atanda, Akanbi and HAL retained N1.93bn property of the state, knowing that the said sum represented the proceeds of a criminal conduct;

- that you, Atanda had possession of N728m on behalf of Ladoja, knowing that the money represented proceeds of a criminal conduct with the aim of concealing the nature of the proceed of the said crime;

- that you, Ladoja and Atanda sometime in 2007 used N728m knowing that the money represented proceeds of a criminal conduct with the aim of concealing the nature of the proceeds;

- that you, Ladoja and Atanda removed £600,000 from Nigeria and gave same to one Bimpe Ladoja in London, knowing that the amount represented proceeds of a criminal conduct with the aim of concealing the nature of the proceed of the said sum; and

- that you, Atanda, sometime in 2007, had in your possession N633m, knowing that the amount represented proceeds of a criminal conduct with the aim of concealing the nature of the proceed of the said sum.

According to the EFCC, the offences contravene Sections 14 (1), 16 (a) (b), 17 (a) and 18 (2) of the EFCC Establishment Act, 2004.

Supporters of the former governor thronged the court in a show of solidarity with him.