A Federal High Court in Lagos on Monday fixed February 10 to rule on the competence of a criminal charge brought Femi Fani-Kayode, charged with money laundering.
Fani-Kayode, a former Aviation Minister, is standing trial on an amended 47-count charge bordering on money laundering.
When the case was called on Monday. Justice Rita Ofili-Ajumogobia said she would deliver her ruling on a future date because counsel in the suit had filed their written submissions out of time.
Ofili-Ajumogobia said she required time to rule on the issue.
At the last adjourned date on January 27, the Prosecutor, Festus Keyamo, had informed the court of an amended charge, containing 40 counts, and applied that the plea of the accused be taken.
After count-one was read to the accused, his Counsel, Ifedayo Adedipe (SAN), raised an objection, arguing that the accused could not plead to the charge since it was invalid.
Adedipe argued that count one stated that the accused “accepted cash payments of over N10 million” without stating the donor of the said money.
He stated that it was alleged throughout the charge that the accused “accepted various sums of money” without mentioning the names of the person from whom the monies were received.
Adedipe had, therefore, submitted that the charge was invalid, “persecutory and oppressive”.
Keyamo, in response, argued that the charges bordered on money laundering in which monies involved had no source as opposed to conversion or stealing, where there is a particular source.
He, therefore, submitted that he was prepared to file a written address on the issue.
Ofili-Ajumogobia had then ruled that both parties were at liberty to either file written addresses or address the court orally on the issue.
She had, however, added that the addresses should be filed two days from January 27.
Fani-Kayode was re-arraigned on February 11 on an amended 47-count charge.
He had pleaded not guilty to the charge and was granted bail.
In the charge, the accused was alleged to have transacted on with funds exceeding N500 million without going through a financial institution.
The accused was also alleged to have accepted cash payments of about N100 million, while he held sway as minister of aviation and minister of culture and tourism respectively.
The offence is said to have contravened the provisions of Sections 15(1) (a) (b) (c) (d) and 15 (2) (a) (b) of the Money Laundering (Prohibition) Act, 2004.
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