A Federal High Court sitting in Lagos, has struck out the charge proffered
by the Economic and Financial Crimes Commission (EFCC) against Abdullahi Babalele, the son in law to former Vice President, Atiku Abubakar for being defective and disclosing no prima facie case.
The presiding Judge, Justice Chukwujekwu Aneke held that the Economic and Financial Crimes Commission, EFCC, went forum-shopping when it filed the case at the Federal High Court, Lagos, instead of at Abeokuta, where the offence of allegedly paying the sum of $140,000.00 was said to have been committed.
According to the court, the proper venue for the trial should have been Abeokuta and not Lagos.
The court further held that in the event that he was wrong on this score, and that it had jurisdiction to entertain the case, the No case submission filed and argued by the Counsel to the defendant, Mike Ozekhome succeeds in its entirety.
Justice Aneke held that the prosecution failed to prove any element of the offence charged, or adduce any evidence linking the defendant with the offence charged.
The court held that one of the prosecution witnesses contradicted himself when he testified that he gave the said $140,000 to former President Olusegun Obasanjo in his house at Abeokuta, Ogun State, whereas in his written statement which were admitted in court during trial, he had written that he gave the money to an unknown person at Obasanjo library, Ota, Ogun State.
The trial judge held that this was a material contradiction in the evidence presented by the prosecution.
The court further held that the first prosecution witness in his oral testimony in court testified that it was the defendant that transferred the naira equivalent to his bank accounts, but from the bank statements and under cross examination by the defence counsel, Mike Ozekhome, it was not the defendant that transferred the said money but the said money was transferred by one Jamiu Amosu and Jaybid Global Services Ltd.
According to the judge, no reason was proffered by the prosecution for this fundamental discrepancy in its case.
Justice Aneke held that no evidence linking the said money transferred to the first prosecution witness to any illicit transaction which is one of the cardinal grounds for a money laundering charge to be sustained.
The court consequently discharged the defendant, Mr. Abdulahi Babalele.
