Alleged N3billion fraud : Malami’s move to take over female defendant’s case sparks controversy

An alleged move by the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami to take over the prosecution of the alleged N3billion fraud case involving Mrs. Ochuko Momoh, wife of a former Managing Director of Pipelines and Products Marketing Company, Haruna Momoh, has ignited controversy.

The Independent Corrupt Practices and other Related Offences Commission (ICPC) had in March 2020 arraigned Mrs. Momoh and five others before a Federal High Court in Abuja on charges bordering on money laundering.

The others are Blessing Azuka-Agozi, Stanbic IBTC Bank Plc, Energopol Nigeria Limited, Blaid Construction Limited and Blaid Farms Limited.

The ICPC, in the charge marked: FHC/ABJ/CR/278/2019, accused Momoh of laundering funds estimated at about N3 billion through her companies – Blaid Construction and Blaid Farms.

Azuka Agozi was alleged to have reneged on her promise to provide ICPC’s investigators with documents relating to the contracts Energopol Nigeria Limited allegedly executed for the PPMC, for which it was allegedly paid huge sums.

The ICPC accused Stanbic IBTC of failing to report suspicious transactions in the accounts of Blaid Construction and Blaid Farms to the relevant authorities as required by law.

Trial was concluded in the case on November 23, 2021 with Stanbic IBTC calling its sole witness, following which the trial judge, Justice Taiwo Taiwo adjourned till February 9, 2022 for parties to adopt their final written addresses.

It was however learnt that shortly after the conclusion of the trial, some of the defendants began reaching out to the Office of the AGF to have him take over the case from the ICPC.

While sources at the ICPC confirmed learning about such move, the defendants and the AGF claimed ignorance of such development.

A senior ICPC official, who confirmed the development, said he heard about the plan by some defendants in the case to explore their relationship with the AGF’s office to take over the case with the intention of discontinuing it.

The official, however, said he was not aware if a formal application has been filed to that effect by the AGF.

“We are worried about such a development. I concede that the AGF has the constitutional powers to take over any criminal case and discontinue same in public interest. But the problem has always been the definition of public interest.

“We have had incidents in recent time where the AGF’s intervention stalled proceedings in some high profile cases. We don’t want such to happen in this case, because it will send wrong signal about this administration’s commitment to the anti-corruption crusade.

“I will implore the AGF not to succumb to any extraneous influence by intervening in this case, but to allow this case take its natural course since the court has adjourned for final adoption,” the ICPC official said.

Meanwhile, the AGF has denied that plan was being made for him to take over the case.

The media aide to the AGF, Dr. Umar Gwandu, told The Nation that there was no evidence to support the claim that the minister planned to take over the case.

Gwnadu said granted that the AGF is empowered under the Constitution to take over any pending criminal case, he has not record that there was any intention on the part of the minister to intervene in the Ochuko and others’ case where proceedings are almost concluded.

A senior lawyer in the defence team, Ade Adedeji (SAN) told The Nation that he was not aware of such move to have the AGF take over the case.

Adedeji, however, noted that since there are many defendants in the case, including corporate entities, he could not say whether or not any party has taken any particular steps.

It will be recalled that the AGF’s intervention has in recent time clogged progress in some high profile cases.

The planned arraignment of former Aviation Minister and serving Senator, Stella Oduah was stalled before a Federal High Court in Abuja on November 22 this year owing to Malami’s intervention.

The Economic and Financial Crimes Commission (EFCC) had filed a charge against Oduah, her aides, Gloria Odita, Nwosu Emmanuel and Irene Chinyere Chukwuma along with some firms, in which they are accused of engaging in money laundering to the tune of N10billion.

At the scheduled arraignment of the defendants on November 22, lawyer to some of the seventh and eight defendants – Crystal Television Limited and Sobora International Limited) – Ogwu Onoja (SAN) showed the court a copy of a letter he claimed the AGF wrote following a petition by his (Onoja’s) clients, directing the EFCC to submit the case file to his office.

Upon sighting the letter, Justice Inyang Ekwo put off the planned arraignment and adjourned till February 10, 2022 to enable the AGF to communicate his final position in the case.

A similar intervention of the AGF equally stalled proceedings in the two cases involving a former Imo State governor, Ikedi Ohakim before the High Court of the Federal Capital Territory (FCT) in Maitama and the Federal High Court in Abuja.

In the case before Justice Taiwo Taiwo of the Federal High Court, Ohakim and one of his aides, Chinedu Okpareke are accused of threatening the life of the ex-governor’s alleged ex-mistress, Mrs. Chinyere Igwegbe Amuchienwa.

In the case before Justice Yusuf Halilu of the High Court of the FCT, Mrs. Amuchienwa is accused of threatening the life of the ex-governor.

Trial was to commence in November this year in both cases (originally filed by the Inspector General of Police), but it had to be postponed till next year by both courts after the AGF intervened and took over the prosecution of both cases.

(The Nation)