The trial of the President of the Nigerian Bar Association Paul Usoro for fraud related offences has commenced as the Economic and Financial Crimes Commission EFCC called its first witness.
Usoro is being prosecuted before the Federal High Court in Lagos south west Nigeria for alleged fraud of N1.4billion belonging to Akwa Ibom State.
The witness, Udom Idongesit, a Relations Manager at the Aka Road branch of Zenith Bank in Uyo, Akwa Ibom State, was led in evidence by EFCC prosecutor Barrister Rotimi Oyedepo after the presiding Judge, Justice Rilwan Aikawa had dismissed an application by the Governor of Akwa Ibom State, Mr Udom Emmanuel, praying the court to stay proceeding and adjourned they trial indefinitely.
Emmanuel’s lawyer, Mr Ogbonaya Nwankwo, had urged Justice Aikawa to adjourn the trial sine die to allow the Court of Appeal determine the appeal filed by Emmanuel Udom against the court’s ruling of May 30.
In the said May 30 ruling, Justice Aikawa had dismissed Emmanuel’s application challenging the jurisdiction of the court to entertain the charges against Usoro on the grounds that his (Emmanuel) name was mentioned as one of the persons who allegedly conspired with Usoro to allegedly launder the sum of N1.4billion.
Emmanuel had contended that by mentioning his name, the charge had become invalid since as a sitting Governor he enjoyed immunity from prosecution.
But Justice Aikawa declared y held that for the fact that the Governor’s name was mentioned in the body of the charges did not mean that he was a defendant in the case.
He thus, dismissed the application.
Displeased, Emmanuel’s lawyer, Nwakwo, said the Governor had appealed and prayed the court to adjourn indefinitely to await the appellate court’s decision,but EFCC prosecuting counsel, Mr Rotimi Oyedepo, argued that the sine die adjourned prayed for was tantamount to stay of proceedings which Section 306 of the Administration of Criminal Justice Act; Section 40 of the EFCC Act and the Supreme Court had forbidden a trial court to entertain in criminal proceedings.
Besides, the prosecutor argued that since the court had pronounced that Emmanuel was not a party to the charge, there was no way he could ask for an adjournment.
In his ruling, Justice Aikawa agreed with the EFCC lawyer, paving the way for commencement of trial.
In her testimony, Idongesit, who was led in evidence by Oyedepo, told the court that sometime in March 2016 she went to the Akwa Ibom State Government House in Uyo on a “marketing call”.
while there, she overheard a conversation between Emmanuel and the state’s Accountant General on the need to pay certain sums of money to Usoro.
“This payment, I got to understand, should have gone to Access Bank. I took that as information for myself because the business I do basically thrives on information. I got back to my office and checked through the system to see if the defendant (Usoro) has an account with Zenith Bank and I found no such account existed,” Idongesit said.
Consequently, I made moves to get Usoro to open an account with Zenith Bank so that the money which Emmanuel spoke off could be paid to Usoro through Zenith Bank.
Following my efforts, on March 10, 2016, “Aka Road branch of Zenith Bank was given a withdrawal instrument of N700million on the impress account of the Akwa Ibom State Accountant General.”
Thereafter, i got Usoro’s contact from Emmanuel Udom on March 14, 2016 “and put a call through to him, that I had the payment of the defendant and he needed to open account .
“He instructed me to work with two of his colleagues. When I confirmed the exact names registered on the form, I sought the approval of my zonal head to open the account and made the deposit while waiting for documentation.
“I filled the deposit slip and the depositor’s name that I filled was Paul Usoro,” Idongesit told the court.
The court admitted in evidence and marked as exhibits the instructions given to the bank for the withdrawal of N700million from the Accountant General’s impress account; as well as the documentation for the Zenith Bank account opened for Usoro.
At this point Justice Aikawa adjourned till 21st of October, 2019 for trial to continue. The ten count criminal charge preferred against Usoro run thus:
COUNT ONE
That you, PAUL USORO SAN EMMANUEL UDOM (CURRENTLY CONSTUTIONALLY IMMUNED AGAINST CRIMINAL PROSECUTION) UWEMEDIMO THOMAS NWOKO (STILL AT LARGE), MFON JACOBSON UDOMAH (ACCOUNT GENERAL OF AKWA IBOM STATE) (STILL AT LARGE) AND MARGARENT THOMPSON UKPE (STILL AT LARGE) sometimes in 2015 in Nigeria, within the jurisdiction of this Honourable Court conspired amongst yourselves to commit an offence, to wit: Conversion of the sum of N1,410,000,000,000.00 (One Billion, Four Hundred and Ten Million, Naira) property of Government of Akwa Ibom State of Nigeria, which sum you reasonably ought to have knows forms part of the proceeds of an unlawful activity to wit: criminal breach of trust and thereby committed an offence contrary to Section 18(a) of the Money Laundering (Prohibition) Act, 2011 as amended and punishable under section 15(3) of the same Act.
COUNT TWO
That you, PAUL USORO SAN, EMMANUEL UDOM(CURRENTLY CONSTUTIONALLY IMMUNED AGAINST CRIMINAL PROSECUTION ), UWEMEDIMO THOMAS NWOKO(STIL AT LARGE), NSIKAN LINUS NKAN, (COMISSIONER OF FINANCE AKWA IBOM STATE) (STILL AT LARGE). MFON JACOBSON UDOAH (ACCOUNTANT GENERAL OF AKWA IBOM STATE) (STILL AT LARGE AND MARGARET THOMPSON UKPE (STIL AT LARGE) on or about the 14TH DAY OF March, 2016 in Nigeria within the jurisdiction of this Honourable Court Disguised the origin of the sum of N 300,000,000.00 (Three Hundred Million Naira). Property of Government of Akwa ibom forms of Nigeria which sum you reasonably act to wit: criminal breach of trust and thereby committed an offence contrary to section 15 (2) (b) of the Money Laundering (Prohibition) Act, 2011 as amended and punishable under Section 15 (3) of the same Act.
COUNT THREE
PAUL USORO SAN, EMMANUEL UDOM (CURRENTLY CONSTUTIONALLY IMMUNED AGAINST CRIMINAL PROSECUTION), UWEMEDIMO THOMAS NWOKO (STIL AT LARGE), NSIKAN LINUS NKAN, (COMISSIONER OF FINANCE AKWA IBOM STATE) (STILL AT LARGE). MFON JACOBSON UDOAH (ACCOUNTANT GENERAL OF AKWA IBOM STATE) (STILL AT LARGE AND MARGARET THOMPSON UKPE (STIL AT LARGE) on or about the 14TH DAY OF March, 2016 in Nigeria within the jurisdiction of this Honourable Court Disguised the origin of the sum of N 300,000,000.00 (Three Hundred Million Naira). Property of Government of Akwa Ibom forms of Nigeria which sum you reasonably act to wit: criminal breach of trust and thereby committed an offence contrary to section 15 (2) (a) of the Money Laundering (Prohibition) Act, 2011 as amended and punishable under Section 15 (3) of the same Act.
COUNT FOUR
PAUL USORO SAN, EMMANUEL UDOM (CURRENTLY CONSTUTIONALLY IMMUNED AGAINDT CRIMINAL PROSECUTION), UWEMEDIMO THOMAS NWOKO (STIL AT LARGE), NSIKAN LINUS NKAN, (COMISSIONER OF FINANCE AKWA IBOM STATE) (STILL AT LARGE). FON JACOBSON UDOAH(ACCOUNTANT GENERAL OF AKWA IBO STATE) (STILL AT LARGE AND MARGARET THOMPSON UKPE (STIL AT LARGE) on or about the 14TH DAY OF March, 2016 in Nigeria within the jurisdiction of this Honourable Court Disguised the origin of the sum of N 300,000,000.00 (Three Hundred Million Naira). Property of Government of Akwa Ibom forms of Nigeria which sum you reasonably act to wit: criminal breach of trust and thereby committed an offence contrary to section 15 (2) (a) of the Money Laundering (Prohibition) Act, 2011 as amended and punishable under Section 15 (3) of the same Act.
COUNT FIVE
That you PAUL USORO,SAN on or about the 14TH day of March, 2016 in Nigeria within jurisdiction of this Honourable Court used the total sum of N300,000,000.00 (Three Hundred Million Naira), property of Government of Akwa Ibom State of Nigeria which sum you reasonably ought to have known forms parts of the proceeds of unlawful act wit: criminal breach of trust and thereby committed an offence contrary to section 15(2)(d) of the Money Laundering (prohibition ) Act, 2011 as amended and punishable under section 15 (3) of the same Act.
COUNT SIX
That you PAUL USORO,SAN on or about the 14th day of March, 2016 in Nigeria within jurisdiction of this Honourable Court retained the total sum of N300,000,000.00 (Three Hundred Million Naira), property of Government of Akwa Ibom State of Nigeria in your Paul Usoro& Co ‘s account No1014604466 domicile in Zenith Bank Plc which sum you reasonably ought to have known forms parts of the proceeds of unlawful act wit: criminal breach of trust and thereby committed an offence contrary to section 15(2)(d) of the Money Laundering (prohibition ) Act, 2011 as amended and punishable under section 15 (3) of the same Act.
COUNT SEVEN
That you, PAUL USORO, SAN on or about the day of August, 2015 in Nigeria within the jurisdiction of this Honourable Court retained the sum of N530, 000,000.00(Five Hundred And Thirty Million Naira) property of government of Akwa Ibom state of Nigeria in Paul Usoro &Company’s Clients account NO. 0690123425 domicile in Access Bank Plc sum you reasonably ought to have known for part of the proceeds of unlawful act to wit: criminal breach of trust there committed an offence contrary to section 15(2)(d) of then money Laundering (prohibition) Act, 2011 as amended and punishable under section 15(13) of the same Act.
COUNT EIGHT
That you, PAUL USORO, SAN on or about the 18th Day of September, 2015 in Nigeria with the jurisdiction of this Honourable Court retained the sum of N40, 000,000.00 (Forty Million Naira).property of Government of Akwa Ibom State of Nigeria in Paul Usoro & Company ‘s Clients’ account No. 0690123425 domicile in Access Bank Plc which sum you reasonably ought to have known forms part of the proceeds of unlawful act to wit: criminal breach of trust and thereby committed an offence contrary to section 15(2)(d) of the Money Laundering (Prohibition) Act, 2011 as amended and punishable under Section 15(3) of the same Act.
COUNT NINE
That you PAUL USORO,SAN on or about the 3rd day of December, 2015 in Nigeria within jurisdiction of this Honourable Court retained the total sum of N260,000,000.00 (Two Hundred and Sixty Million Naira), property of Government of Akwa Ibom State of Nigeria in Paul Usoro& Company ‘s account Clients’No0690123425 domicile in Access Bank Plc which sum you reasonably ought to have known forms parts of the proceeds of unlawful act wit: criminal breach of trust and thereby committed an offence contrary to section 15(2)(d) of the Money Laundering (prohibition ) Act, 2011 as amended and punishable under section 15 (3) of the same Act.
COUNT TEN
That you, PAUL USORO,SAN on or about the 27th day of August, 2015 in Nigeria within jurisdiction of this Honourable Court transferred the total sum of N65,000,000.00 (Sixty Five Million Naira),property of Government of Akwa Ibom State of Nigeria in Paul Usoro& Company ‘s account Clients’No.0690123425 domicile in Access Bank Plc to UWEMEDIMO THOMAS NWOKO( HON.ATTRONEY –GENERAL AND COMISSINER OF JUSTICE, AKWA IBOM STATE ) which sum you reasonably ought to have known forms parts of the proceeds of unlawful act wit: criminal breach of trust and thereby committed an offence contrary to section 15(2)(d) of the Money Laundering (prohibition ) Act, 2011 as amended and punishable under section 15 (3) of the same Act.
