Eniola Akinkuotu and Ade Adesomoju
The Economic and Financial Crimes
Commission has said it does not require
former President Goodluck Jonathan as its
witness in order to prove its money
laundering case against the National
Publicity Secretary of the Peoples Democratic
Party, Mr. Olisa Metuh.

The EFCC stated this in its response filed
before Justice Okon Abang of a Federal High
Court in Abuja to oppose the no-case
submission by Metuh.

Metuh and his company, Destra Investments
Limited, are being prosecuted by the EFCC on
seven counts fraud.

The charges include allegations that he
fraudulently received from the Office of the
National Security Adviser in November, 2014
the sum of N400m meant for the
procurement of arms and money laundering
involving $2m cash transaction.

The prosecution alleged that part of the
N400m was used by Metuh to fund the PDP’s
presidential campaign for the 2015 election
in which Jonathan was the party’s candidate.
After the prosecution closed its case, Metuh
on February 18, sought and obtained the
leave of court to file a no-case submission.
In the no-case submission, Metuh urged the
court to discharge and acquit him on the
grounds that the EFCC had made no case
against him with the eight prosecution
witnesses called and all the documents
tendered.

Metuh, who filed the no-case submission
through his lead counsel, Mr. Onyechi
Ikpeazu (SAN), argued that the prosecution
could never have been able to make any case
against him without the EFCC calling
Jonathan as a witness in view of the
testimony by PW5 (fifth prosecution witness).
He argued that since PW5 (the Managing a
Director of CMC Connect, Mr. Yomi Badejo-
Okusanya), had testified that he made
presentation on a media campaign proposal
to Jonathan and for which money was paid
from the N400m, the former President was a
vital witness that ought to be called by the
prosecution.

Justice Abang had fixed Thursday to
entertain argument for and against the no-
case submission.

Meanwhile, the EFCC, in its response, which
it filed on Tuesday, urged the court to
dismiss the no-case submission, insisting that
Jonathan was not needed to prove its case.
It stated, “My Lord, in paragraphs 2.22 to
2.25, the defence also contends that the
prosecution, through PW8 (EFCC’s
investigative officer, Junaid Sa’id) failed to
investigate the statement of the 1st defendant
(Metuh) to the effect that presentation was
made to Dr. Goodluck Jonathan and that the
sum for the exercise was paid into the 2nd
defendant’s account (Metuh’s firm, Destra).
“It is further contended that the former
President, to whom the presentation was
made for which the payment was made, is
therefore a material and indispensable
person in order for a prima facie case to be
established.


“Learned senior counsel (Metuh’s lawyer)
therefore alleged presumption of withholding
of evidence by the prosecution.


“In response to the above argument my lord,
we submit that nothing can be farther from
the truth. The defence cannot pick and
choose witnesses for the prosecution and as
rightly pointed out by the defence, the
prosecution is not required to call a host of
witnesses or a particular witness in proof of
its case.


“What the law requires the prosecution to do
is to call material witness(es) in proof of its
case.”


The anti-graft agency, through his lead
prosecuting counsel, Mr. Sylvanus Tahir,
urged the court to dismiss the no-case
submission filed by Metuh and his firm and
direct them to give an explanation to “the
overwhelming oral and documentary
evidence placed before the court by the
prosecution.”


Insisting that a “prima facie case of money
laundering has been established” against the
accused, Tahir added, “Your Lordship is
further urged to dismiss or discountenance
the no-case submission and call upon the
defendants to enter their defence.”


Concerning counts one and two, Tahir argued
that the evidence led by the prosecution was
uncontroverted “as it raises a prima facie
case of taking possession and control of the
stated sum (N400m) and therefore calls for
an explanation by the defendants and this
they can only do in their defence to the
charge”.


On the other leg of the two counts, alleging
that the N400m was part of proceeds of
alleged corrupt act of the immediate past
NSA, Col. Sambo Dasuki (retd.), Tahir asked
whether it was not unlawful for the ex-NSA
“to have, in breach of public trust reposed in
him, misappropriated government funds in
favour of the defendants, who on the
evidence, had no contractual dealings with
the ONSA”.


On count three in which Metuh and his firm
were accused of retaining or concealing the
sum of N400m, the EFCC argued that the
accused “retained the sum of N400m on
behalf of the PDP for its campaign activities
by concealing the said sum in their Diamond
Bank account.


It said Metuh ought to have known that the
fund “directly represented the proceeds of an
unlawful act” of the ex-NSA.


Concerning count four, Tahir stated that the
prosecution had led evidence to show that
the N400m was used for campaign activities
of the PDP and other personal purposes.
On counts five and six relating to making
cash transactions of a sum of $2m, far above
the statutory threshold of N5m for
individuals and N10m for corporate bodies,
the anti-graft agency alleged that the accused
violated Section 1 of the Money Laundering
(Prohibition) Act 2011.


The EFCC stated, “The point to note in this
transaction are the following, which are
vital:


“The origin of the initial sum of $2m, which
belongs to either of the defendants remained
undocumented (which goes against the very
essence of the Money Laundering
(Prohibition) Act i.e. financing terrorism and
disguising, concealment or laundering the
origin of illicit funds.”


The anti-graft agency added, “All the above
points my lord, go to show the length to
which the defendants went to conceal the
origin of the $2m.’’


Meanwhile, the EFCC said some Asian
countries, especially China, are frustrating its
anti-corruption efforts.


The Acting Chairman of the EFCC, Mr.
Ibrahim Magu, said this on Tuesday in Abuja
when the Association of Chief Audit
Executives of Banks in Nigeria paid the
commission a courtesy visit.


The representative from First Bank of
Nigeria, Mr. Nelson Uduak, had earlier
lamented that Japan and China were not
helping Nigeria in the area of anti-fraud
cases.


He said, “Some countries appear very
difficult to operate in. There are some
countries in which our banks have lost
money. There are some fraudsters which we
are able to trace but once the money gets to
certain countries like Japan or China, you
find out that there is no cooperation.


“If it is the United States, you can be sure to
a large extent, that once you can identify the
person (suspect), you will get cooperation;
but there is no such cooperation in the Asian
countries. We don’t know how you can help
us.”


Magu, in his response, agreed that China had
not been helpful in the anti-graft war.
He said, “The cooperation from the Chinese
end has been very minimal, it is not
encouraging. There is more collaboration
from the US, the United Kingdom and
Switzerland essentially through INTERPOL or
government to government.”


Magu added that the EFCC was tracing a
$2bn fund belonging to First Bank, which
was transferred to London, but did not
explain further.


The EFCC boss also urged bankers to assist in
the fight against corruption as the
commission could not do it alone.


“You are auditors while we are investigators;
so, in a way, we are doing the same thing.
We need to synergise, work together. We are
all stakeholders and we are in a war. We also
ask for your support,” he said.


The representative of Heritage Bank, Mr.
Manny Ugbomah, urged the commission to
give its personnel the permission to travel
out of the country with bank representatives
whenever they were carrying out trans-
border investigations.


The Chinese embassy in Nigeria could not be
reached for comment as its spokesman, Chen
Pen, did not respond to calls and a message
sent to his mobile on Tuesday.
The Japanese embassy could also not be
reached for reaction as its Media Relations
Officer, John Nwankwo, could not be reached
on the telephone.


http://www.punchng.com/jonathan-not-needed-to-prove-case-against-metuh-efcc/

Ok

yea, he has cases on his neck already, why would he stand as a witness for another case. let him relax, he had cases on his neck already, why would he stand as a witness for another case. let him relax and enjoy his ex-president immunity till his turn comes for EFCC to quiz him

We know

Jonathan has done wat h had to do
You think dose visits to aso rock was to go and eat amala he went there made and agreement with bubu
I donnt tink any body is gonna arrest jonathan I tink he did the right tin by cooperating

He is still a dunce though

Una no dey fear fear?

But why is efcc defending Jonathan ?
They should allow him apear tho

Jonathan chest now pounding heavily. wouldn't like to see 'oga jona in d hospital with cardiac arrest o'

...

The fear of Jonathan is wisdom, EFCC maintain your Lane.

prosecute metuh or else ......

Invite anyone who should be invited and quote anyone who should be quoted and like anyone who should be liked.

Coz GEJ's case is different.

Why is olisa metuh hell bent on dragging Jonathan to this case. ..something is wrong somewhere. ...and is it that Jonathan has immunity

Nairadean:
yea, he has cases on his neck already, why would he stand as a witness for another case. let him relax, he had cases on his neck already, why would he stand as a witness for another case. let him relax and enjoy his ex-president immunity till his turn comes for EFCC to quiz him

A lot of night walker on Narialand lately that won't even read post to understnd the message before jumping into comment box. Smh

Wake me up when EFCC start to arrest former president

Metuh trying to use GEJ as cover..rubbish.. GEJ has his own battles and many questions to answer,i am double sure that PMB is jes chilling and allowing him enjoy his few months out of office before they start with him.. THE BODY OF A FISH CAN'T BE ROTTENED WITHOUT THE KNOWLEDGE OF THE HEAD- Magu

orobs93:
We know

Jonathan has done wat h had to do
You think dose visits to aso rock was to go and eat amala he went there make an agreement with bubu
I donnt tink any body is gonna arrest jonathan I tink he did not right tin by cooperating

He is still a dunce though

You can't even express yourself in simple English yet you have the audacity to call someone that has risen to the highest post in the land a dunce..

Wahala dey oh

Pidggin:
The fear of Jonathan is wisdom, EFCC maintain your Lane.

mama piss has already see it in dream, how she wil be taken food to ur ineffectual baboon hero in jail, and d dream wil soon come to reality,

Frankiss44:


You can't even express yourself in simple English yet you have the audacity to call someone that has risen to the highest post in the land a dunce..

Wahala dey oh

imagin these type of people still moving apc minions una see una self

Mylove55:
mama piss has already see it in dream, how she wil be taken food to ur ineffectual baboon hero in jail, and d dream wil soon come to reality,

i pray u will one day become one

What are they afraid of ?

lolssss.. na wa...

omofunaab:
Why is olisa metuh hell bent on dragging Jonathan to this case. ..something is wrong somewhere. ...and is it that Jonathan has immunity

don't you think gej know every things about this 2.1 billion arms deal, apc are probing? Gej says he will speak at the right time, may this is the time he is waiting for, when he will reveal all the facts and figures under oath and court.

donald trump on d move.

orobs93:
We know

Jonathan has done wat h had to do
You think dose visits to aso rock was to go and eat amala he went there make an agreement with bubu
I donnt tink any body is gonna arrest jonathan I tink he did not right tin by cooperating

He is still a dunce though

Take a look at yourself in the mirror and you will see the true definition of a dunce staring right back at you you can't even make a correct sentence and you dare call someone else a dunce... Typical zombie

orobs93:
We know
Jonathan has done wat h had to do
You think dose visits to aso rock was to go and eat amala he went there make an agreement with bubu
I donnt tink any body is gonna arrest jonathan I tink he did the right tin by cooperating
He is still a dunce though

May Almighty God bless you with common sense.

bigerboy200:
Metuh trying to use GEJ as cover..rubbish.. GEJ has his own battles and many questions to answer,i am double sure that PMB is jes chilling and allowing him enjoy his few months out of office before they start with him.. THE BODY OF A FISH CAN'T BE ROTTENED WITHOUT THE KNOWLEDGE OF THE HEAD- Magu

Naso four years go reach Bubu no go do anything. You don't get it, do you?... Jona is untouchable, all ex heads of states are untouchable in this country.