Ex-President Jonathan’s aide asks court to dismiss N1.6bn fraud charges

Dr Emmanuel Waripamo-Oweu Dudafa, a former Senior Special Assistant to the for President Goodluck Jonathan on Domestic Affairs, on Thursday urged a Federal High Court sitting in Lagos to dismiss an amended charge filed against him on alleged N1.6 billion fraud.

Dudafa is standing trial alongside Mr Iwejuo Joseph on the alleged offences by the Economic and Financial Crimes Commission (EFCC).

At Thursday’s proceedings,  EFCC prosecutor, Mr Rotimi Oyedepo, informed the court of his agency’s intention to amend the charge, which was vehemently opposed by the duo of Dudafa and Joseph.

Dudafa’s lawyer, Mr Gboyega Oyewole (SAN), while arguing preliminary objection to the  EFCC’s amended charge, urged the court to discountenance it as it constitutes a new charge which the court lacks jurisdiction to entertain.

“Our contention is that section 396(7) of the Administration of Criminal Justice Act (ACJA) 2015, is that this court is a special court which cannot take a new charge. With the new charge, defendants have the rights to recall all the witnesses that had been called.

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“And the court is to conclude part-heard matter within a reasonable time and this new charge has to start ‘denovo’ (afresh), meaning that my Lord cannot preside over new charge as the court is a special one not meant for new charges”, Oyewole submitted.

Dudafa lawyer also told the court that the EFCC’s amended charge will be prejudice to his client. Adding that the anti-graft agency knew that there is no way it can sustain the old charges that were why it filed the amended charge.

In the same vein, Joseph’s lawyer, Mr Ige Asemudara, also urged the court to decline jurisdiction in entertaining the EFCC’s amended charge against his client.

Asemudara told the court as presently constituted is given the task of concluding matters that are partly heard within a reasonable time, not to disturb the sitting of the judge at the Appeal Court.

Asemudara cited sections 474 and 396(7) of ACJA saying that prosecution has ample opportunity to amend the charge before the judge was elevated to the Appeal Court. Adding that the agency cannot bring an amended charge before the court as presently constituted.

He, therefore, urged the judge to decline jurisdiction on the amended charge.

Responding, EFCC lawyer, Mr Oyedepo, while urging the court to allow the amended charge stated that there is no time the prosecution cannot amend charge once judgment has not to be made.

Oyedepo in his submission said despite conceding to the defence team they can recall their witnesses in the amended charge undertook not to call any witness in the amended charge.
During the trial,  Joseph in his testimony had insisted that he only acted as an account officer to some companies listed in the charge.

He blamed EFCC for his travails saying his refusal to implicate Dudafa landed him in trouble.

“Upon my arrival at the office of the Economic and Financial Crimes Commission (EFCC), when I was invited, I was told by some EFCC’s operatives that I was not the target of their investigation but Dudafa.

“They added that if I cooperate with them, I will be left off the hook, but if I refused to implicate the first defendant (Dudafa), I will be prosecuted for the sins of another person.

“I told them that I can’t understand what they mean and they ask me if I have a Senior Advocate of Nigeria (SAN) who would be ready to defend me and that I should be prepared for the consequences if I refused to cooperate”, he said.

In his own evidence, Dudafa said the N1.6 billion linked to him by the EFCC was proceeds of donations towards a church project.

Dudafa told Justice Idris that the money was part of the N6 billion realized from the launching towards the building of St. Stephen’s Youth Development Centre, Otuoke, by the Anglican Communion of Otuoke community.

He said: “From my interactions with former President Goodluck Jonathan, I know that the funds were proceeds of a launching that was conducted by the Anglican Communion of Otuoke community for the building of St. Stephen’s Youth Development Centre, Otuoke. The launching which was done in Lagos on March 16, 2013, was organized by the former president as a member of the Anglican Communion and the grand patron.

“About N6 billion was realized from the event. Several persons made various donations at the event while the chief launcher, Prince Arthur Eze, donated $10 million (about N1.8 billion). The donation by the chief launcher was a pledge which he promised to fulfil in piece-meal.

“When Prince Eze started redeeming his pledge in piece-meal, the former president directed that I get somebody in the private sector that will be able to keep the fund.

“I then brought in a friend, Somprie Omiebi, who later opened an account with a bank in Bayelsa. The naira denominated account was opened to keep Prince Eze’s money.

“Anytime Prince Eze brought any money, the former president will direct that I link up with a Bureau De Change (BDC) operator who will remit the money directly to the account opened by Somprie Omiebi.

“The companies listed in the charge are not known to me and I am not a signatory to their accounts. I am also not a Director. I know Somprie Omiebi as someone in the private sector that brought those accounts and the companies to the former president and his wife for the safekeeping of their money. Omiebi is the only person that knows the details of the various accounts”, he had added.

Justice Idris, adjourned the matter till Friday, for the ruling.