By Lukman Olabiyi
The Economics and Financial Crimes Commission (EFCC ), yesterday, gave a detailed account of how an Executive Director of First Bank Plc, Dauda Lawal, laundered funds on behalf of former Minister of Petroleum Resources, Diezani Allison Madueke.
Counsel representing the EFCC, Mr Rotimi Oyedepo gave the account while responding to a counter affidavit by Lawal before the Federal HIgh Court, Lagos.
Lawal’s counter affidavit before the court was as a result of temporary forfeiture of $153.3 million to the Federal Government (FG) granted by Justice Muslim Hassan
Justice Hassan gave the order on January 6 while ruling on an ex parte application filed by EFCC against the banks. He also granted any other interested party 14 days to appear before him to prove the legitimacy of the monies, failing which the funds would be permanently forfeited to the federal government.
EFCC had alleged, in an affidavit, that former Minister of Petroleum Resources, Diezani allegedly siphoned the funds from the Nigerian National Petroleum Corporation (NNPC) and stashed same in three banks in the country,
At the resumed hearing of the case yesterday, Mr Charles Adeogun announced appearance for Lawal who is joined as respondent in the suit while Oyedepo announced appearance for the EFCC.
Oyedepo informed the court that in line with its interim orders of January 6, the EFCC had served same on Lawal.
He also informed the court that the order was also published in the Independence Newspaper of January 12, in compliance with the orders of the court.
In response, counsel to Lawal, (Adeogun) confirmed the position and added that he had filed a counter affidavit deposed to by Lawal, challenging the said forfeiture orders.
Arguing his application, he urged the court to issue an order directing a refund of N9.08 billion to his client, on the grounds that same was obtained by coercion.
He argued that before such forfeiture orders could be made, two essential elements must be satisfied, namely: “that the property in question is unclaimed, and that such property or fund forms proceeds of an unlawful act.
“We became aware of the forfeiture order when the interim order was served on us; my client was never confronted with these sets of facts during his incarceration at the EFCC.
“After service of the orders, I requested for the statement of my client to the commission, but same was never given to me,” he said.
He argued that his client admitted having received the sum of $25 million in clear dispensation of his duties, but was coerced by the commission to further admit receiving a total of $65 million.
According to him, the sum of $40 million was, therefore, taken as an over draft from his bank to off set the alleged extra sum.
He, therefore, urged the court to order the immediate refund of the sum to his client.
Responding to the submission, Oyedepo noted that Section 17 of the Advanced Fee Fraud and other related offences Act, makes a property which is reasonably suspected to be proceeds of crime, forfeitable to the FG.
“Going by the facts and circumstances of this particular case, can it be said that the sum of N9.08 billion which is the naira equivalent of $40 million, was not reasonably suspected to form proceeds of a crime,” he queried.
He argued that paragraph four of the applicant’s counter affidavit shows a meeting of the minds of some staff of NNPC as well as the respondent to launder the funds.
He argued that it was uncommon for a law enforcement agency like the EFCC to detain a person in its custody without an order of the court, adding that the statement of Lawal was lawfully obtained.
After listening to the submission of counsels, Justice Hassan fixed February 16 for judgment.