The re-arraignment of Olugbenga Obadina, Chairman and Chief Executive Officer (CEO), Almond Projects Limited, on Monday, by the Economic and Financial Crimes Commission (EFCC) suffered a setback.
Obadina is being prosecuted over his alleged involvement in the misappropriation of N33.2billion meant for the purchase of arms by retired Col. Sambo Dasuki, a former National Security Adviser (NSA).
The matter, which was fixed for hearing before Justice James Omotosho of the Federal High Court in Abuja, could not proceed because the amended charge, claimed to have been filed by the EFCC, was not in the court record.
Upon resumed hearing, the prosecution lawyer, Ibrahim Buba, informed the court that he had an amended charge filed on May 2 and served on the defendants.
But Justice Omotosho could not see the amended charge in the court record after a thorough search.
“Counsel, I do not have that charge before this court and I have checked our ledger and I do not see it there,” he said.
The judge said the amended charge might have been mistakenly taken to another court at the instruction of the anti-graft agency’s lawyer during the filing of the process.
Buba, who admitted that the amended charge might have been taken to Court 8, instead of Court 7 where the trial judge presides, tendered an apology for the mixup.
Adeola Adedipe, SAN, who appeared for the defendants in the case, also apologised to the court on behalf of the prosecution.
Justice Omotosho subsequently adjourned the matter until June 26 for re-arraignment of the defendants.
“This matter is adjourned to June 26 for arraignment of the defendants for the amended charge that is not before this court as a result of the prosecution given wrong number of the court at the Process Unit,” the judge said.
The News Agency of Nigeria (NAN) reports that Obadina, alongside his company, was earlier re-arraigned on Jan. 13, 2024, by the anti-corruption commission on eight-count charge bordering on money laundering to the tune of N2.17 billion before Justice Omotosho.
The defendants, however, pleaded not guilty to the counts and the judge ordered his remand in Kuje Correctional Centre pending the perfection of his bail conditions.
NAN reports that Dasuki, a former NSA during the President Goodluck Jonathan government, was accused of criminal diversion of funds to the tune of 2.1 billion U.S. dollars.
The money was allegedly part of funds earmarked by the Federal Government to fight Boko Haram insurgency in the northeast.
The EFCC had, in the charge marked: FHC/ABJ/CR/142/2016, sued Obadina and Almond Project Limited as 1st and 2nd defendants, following their alleged link with Dasuki’s misappropriated funds.
They were formerly being prosecuted before Justice Nnamdi Dimgba of a sister court before his elevation to the Court of Appeal.
In court three of the charge, Obadina and Almond Projects Ltd were alleged to have, on April 3, 2014 directly took possession or control of the sum of N 648,000,000.00 (Six Hundred and Forty Eight Million Naira) paid into the account of Almond Projects Ltd with Zenith Bank Plc Account No: 1010921116.
The money was allegedly to have been paid from the account of the Office of the National Security Adviser with the Central Bank of Nigeria without contract award.
The agency said the fund formed part of the proceeds of an unlawful activity of Col. Dasuki (rtd) and the offence is contrary to Section 15(2), (d) of the Money Laundering (Prohibition) Act, 2011 as amended in 2012 and punishable under Section 15(3) of the same Act.
NAN reports that Justice Dimgba had, on July 4, 2024, adjourned for adoption of final written addresses after the EFCC had closed its case with four witnesses and the defendants called two witnesses before he was elevated to the Appeal Court.(NAN)
