The Court of Appeal, Abuja Division on Thursday, quashed the N2.1 billion money laundering charge filed against the founder of DAAR Communications PLC, Chief Raymond Dokpesi by the Economic and Financial Crimes Commission (EFCC).
The appellate court upheld the no-case submission made by Dokpesi and DAAR Communications charged along with him in the seven-count criminal charge.
In a judgment in an appeal filed by Chief Kanu Agabi (SAN) on behalf of Dokpesi, Justice Elfreda Oyebisi Williams-Dawodu held that the EFCC failed to establish a prima facie case against the appellants in all the charges.
Justice Williams-Dawodu, who read the judgment further held that the ingredients of the offences were not provided by the prosecution as required by law and agreed with Agabi that being a predicate offence, the ingredients of the offences against the appellant must be clearly provided, adding that it is clear that none of the offences was established in line with provisions of law.
The court further held that EFCC failed to prove that the N2.1 billion allegedly received by the appellants as payment was a proceed of breach of trust.
Justice John Tsoho of the Federal Hgh Court, Abuja had in November 2018 dismissed the no-case submission filed by the AIT founder on the grounds that a prima facie had been successful established against him by the EFCC in the alleged N2.1 billion money laundering.
Justice Tsoho, the current Chief Judge of the court had after the ruling, ordered Dokpesi to open his defence on the grounds that he had some explanations to offer in the charges against him.
However, dissatisfied with the ruling of the trial court, Dokpesi approached the Appeal Court and prayed that the ruling of the lower court made against him be set aside and his no-case submission be upheld.
The Court of Appeal agreed with Dokpesi and consequently set aside the decision of the lower court and also quashed the charges.
Justice William-Dowodu in a unanimous judgment held that there was nothing in the evidence of the 14 witnesses called by EFCC to persuade the court to compel the appellants to enter defence in the charges where ingredients of the offence were not provided.
“No case was made against the appellants in counts 1, 2, 3 and 4 to warrant his being called upon to open his defence.
“There is no possibility that the appellants can be convicted in the charges because the evidences of the witnesses are so manifestly unreliable.
“I am of the view that irrespective of the ingredients stated earlier, and those by the appellant and first respondent respectively, prior proof or establishment of the predicate offences in count 1,2,3 and 4 of the amended charge is sine qua non to the proof of the offences of money laundering specified in the said counts.
“In totality, this appeal has merit, it is allowed and the ruling of the Federal High Court is hereby set aside and the appellant is discharged,” Justice Williams-Dawodu held.
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