The Court of Appeal in Abuja has upheld the acquittal of a cousin to ex-President Goodluck Jonathan, Robert Azbaola and hs wife, Stella by a Federal High Court.
A three-man panel of the court, in a unanimous judgment on Friday, upheld the March 29, 2018 ruling by Justice Nnamdi Dimgba (who was then of the Federal High Court, Abuja), in which he partially upheld the no-case submission made by the couple and a firm, One Plus.
The judgement was on the interlocutory appeal filed by the Economic and Financial Crimes Commission (EFCC) through its lawyer, Sylvanus Tahir, against the March 28, 2018 ruling.
The EFCC had arraigned the couple and the firm on June 7, 2016 before the Federal High Court in Abuja on a seven-count money laundering charge.
The three defendants were accused of receiving $40millon from the office of the National Security Adviser (NSA) under Col Sambo Dasuki (retired) through a bogus contract.
The EFCC amended the charge in 2017 and raised the counts to nine, following which the defendants were re-arraigned on April 27, 2017.
At the conclusion of the prosecution’s case after calling 10 witnesses and tendering about 31 exhibits, the defendants made a no-case submission, which the trial court partially upheld in the March 29, 2018 ruling.
Justice Dimgba, in the ruling, struck out seven out of the nine counts, leaving counts two and three.
The judge equally discharged Mrs. Azibaola (Stella) and held that the prosecution failed to establish a prima facie case against the defendants in respect of the seven counts.
While the prosecution appealed the ruling, Azibaola and the firm entered their defence in relation to the surviving two counts.
But, before the Court of Appeal could determine the EFCC’s interlocutory appeal, the Federal High Court, Abuja concluded trial, and in a judgment on May 27, 2019 Justice Dimgba discharged and acquitted Azibaola and One Plus on the two surviving counts.
On Friday, Justice Stephen Adah, who the lead judgment of the Court of Appeal, held that Justice Dmgba was right in holding that the prosecution failed to establish a prima face case against the defendants in respect of the seven counts that were struck out.
Justice Adah further held that, after reviewing the evidence of the prosecution’s 10 witnesses and the exhibits tendered, his panel found that the prosecution did not make out sufficient case in relation to the offences charged in the seven counts to warrant the defendants to be required to enter a defence.
He also upheld the trial court’s consequential order discharging Mrs. Azibaola.
Justice Adah said: “The offence of money laundering charged in the seven counts, was not properly established by the prosecution.
“This appeal is lacking in merit. And it is hereby dismissed. The ruling of the trial court is upheld.”
Justice Adah however rejected the respondents’ preliminary objection and held that the appeal by the EFCC was not frivolous and therefore not an academic, as argued by Mr. and Mrs Azibaola.
He faulted the respondents’ argument, to the effect that their eventual acquittal on the surviving two counts ought to end the case.
Justice Adah said: “Every count of a charge is a charge by itself. The appeal is not academic. It has a life issue that must be looked into.”
