Tuesday 3 November 2015

EFCC files fresh money laundering charges against oronsaye

The Economic and Financial Crimes Commission has filed
fresh money laundering charges before a Federal High Court
in Abuja against a former Head of Service of the Federation,
Mr. Stephen Oronsaye, and other defendants.
Justice Gabriel Kolawole on Tuesday fixed November 25 for
the re-arraignment of the defendants, as he ordered the
prosecution to immediately serve the defendants with the
fresh charges.
The anti-graft agency had on July 13, 2015 arraigned
Oronsaye along with Fredrick Hamilton Global Services
Limited and its Managing Director, Osarenkhoe Afe, on 24
counts of money laundering involving about N1.2bn.
But on Tuesday, when trial was due to commence,
prosecuting counsel, Mr. Adebisi Adeniyi, told the judge that
the prosecution had amended the earlier 24 counts dated
July 10, 2015.
The prosecution filed 11 additional counts making a total of
35 counts with three additional defendants in the new
charges dated November 2, 2015.
In addition to Oronsaye, Afe and Fredrick Hamilton Global
Services Limited, the new defendants in the newly filed
charges are corporate organisations.
The new defendants who had not been served with the fresh
charges are Global Services Limited, Cluster Logistic Limited,
Kangolo Dynamic Cleaning Limited, Crew Investment &
Construction Company Limited.
Justice Kolawole, in a ruling on Tuesday, admitted the
charges as being properly filed and dismissed the objection
by Oronsaye’s lawyer, Mr. Ade Okeaya-Inneh (SAN), who
argued that the leave of the court was not sought by the
prosecution before filing the amended charges.
Afe’s lawyer, Mr. Oluwole Aladedoye, did not object to the
filing of the fresh charges.
The judge, however, described the filing of the fresh charges
only less than 24 hours to the trial date as an untidy manner
of prosecution, adding that the fresh charges appeared to be
products of belated investigation carried out after the
original defendants were arrested and charged to court.
The judge held, “I am only concerned that the state only
realised in less than 24 hours to the date of hearing that it
needed to bring an amended charge by not only increasing
the counts from 24 in the original charge to 35 in the
amended charge and to increase the number of counts from
three to six.
“This is, in my view, a rather untidy manner in handling
criminal prosecution. I daresay that it is in force with
opinion expressed by the honourable Chief Justice of
Nigeria that prosecution of corruption cases are often
delayed because the investigation is often driven by arrest-
led investigation rather than investigation-led arrest.
“By this, it seems that it was after the defendants herein
were arrested and charged to court that investigation carried
out showed that the state needs to bring charges against
three other defendants and increase the number of counts.”
Justice Kolawole had on July 21 granted bail to Oronsaye on
self-recognition and to the co-defendant, Afe, in the sum of
N50m with two sureties among other conditions.
The defendants allegedly conspired to defraud the Federal
Government to the tune of N118,992,201.6 under the guise
of paying the money in tranches for the contract of
biometric data capture project between March 2010 and
December 2011.
The fraud was allegedly perpetrated through awarding and
payment for phoney contracts to nine companies, including
Innovative Solutions, Fredrick Hamilton Global Serices,
Xangee Technologies Limited, Fatideck Ventures, Obalando
Nigeria Enterprises, Moshfad Enterprises and Fesbee Global
Resources Limited.
Other companies through which the accused persons
allegedly siphoned the money from the Federal Government
are Jolance Integrated Concept Limited and M.OF
Investment Limited.
One other person, who was allegedly involved in the fraud,
Abdulrasheed Maina, was said to be on the run.
The accused persons were charged under section 14 of the
Money Laundering (Prohibition) Act, 2004 and section 1(1) of
the Advance Fee Fraud and Other Fraud Related Offences
Act, 2006.
The fraud offences were said to be punishable under section
1(3) of the Advance Fee Fraud and Other Fraud Related
Offences Act, 2006.

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