The prosecution witness one, Suleiman Ciroma, in the ongoing trial of the Managing Director of Sun Trust Bank, Halima Buba, and her co-defendant, has told the Federal High Court Abuja, that his company, Funnacle BDC Ltd, was duly registered with the Corporate Affairs Commission (CAC).
He spoke under cross-examination by counsel to the first defendant, Johnson Usman.
The witness admitted that as of 2021, he was a Bureau De Change (BDC) operator.
He told Justice Emeka Nwite that Buba and her co-defendant, Innocent Mbagwu, the Executive Director/Chief Compliance Officer of the bank, were not directors in his company.
Ciroma, who had earlier told the court that he was no longer in the business of BDC, admitted that Funnacle BDC Ltd had not been wound up in accordance with Companies and Allied Matters Act (CAMA).
He told the court that he met Aisha Achimugu in 2021 at Sun Trust Bank.
The PW-1 admitted that shortly after he met her, she gave him the sum of $1.8 million for swapping into naira and credited her in naira equivalent.
He said the money was given to him in tranches.
The witness confirmed that he was not at the Lagos branch of Sun Trust Bank on March 10, March 13, March 14, March 20, and March 24.
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Similarly, he confirmed that he was not at the Abuja branch of Sun Trust Bank on March 10.
He told the court that he was invited by the EFCC between April 11 or April 12 in respect of the transactions and that he was released the same day.
He said he made about two to three extra-judicial statements at the anti-graft agency’s office, and the said statements were signed by him.
He admitted the statements formed part of the charge before the court.
However, when the defendant’s counsel sought to take him on the charge, the counsel for the EFCC, Rotimi Oyedepo, objected.
Usman, therefore, sought to tender the Certified True Copy (CTC) of the charge before Justice Nwite, and Oyedepo equally opposed the move.
The commission’s lawyer contended that pages 10 to 12 of the charge were letters of investigation of the EFCC.
He submitted that the officer who could certify the document was the EFCC officer in whose custody the primary evidence can be seen and inspected upon the payment of the prescribed fee.
The lawyer, who said pages 32 to 83 are extra judicial statements of the defendants volunteered to the EFCC as well as other witnesses called in the proceedings, said only the EFCC can certify them.
He argued that extra judicial statements of various witnesses could only be tendered upon the satisfaction of the condition enunciated by section 232 of the Evidence Act.
He said he would not be asking the court to reject the document but urged the court to decline the admissibility.
Usman, however, disagreed with Oyedepo’s submission.
He argued that cases cited by the EFCC lawyer were not applicable in the instant case.
According to him, the facts and circumstances are different.
Besides, he said Section 104 (1) of the Evidence Act, 2011 (as amended) is in line with their argument.
“He attempted to segmentise written statements, documents from Sun Trust Bank, document from immigration, etc.
“The law is settled upon which there is no radical departure that once a document is admissible, its attachment automatically becomes admissible in law,” he said, citing the apex court’s previous case.
“What we seek to tender is the charge filed by the prosecution. Therefore, they are not separate documents and can never be construed so,” he added.
The senior lawyer further argued that once a document had been admitted as an exhibit, other documents attached to it would form part of the exhibit.
According to him, it is a strange legal principle.
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“The charge sought to be tendered is their charge. So what are they running from? It is not possible to blow air from your mouth. One is hot and one is cold,” he added.
Usman prayed the court to dismiss EFCC’s argument.
Case Adjourned
Justice Emeka Nwite adjourned the matter until October 13 for ruling and continuation of the trial.
Buba and her co-defendant, Innocent Mbagwu, the executive director/chief compliance officer of Sun Trust Bank, are being prosecuted on money laundering offences to the tune of $12 million.
The duo, in a six-count charge, was alleged to have aided high-value cash transactions without routing them through a financial institution.
The offence is said to be contrary to Section 21(a), 2(1), and 9 (1) (d) of the Money Laundering (Prevention and Prohibition) Act, 2022, and punishable under Section 19(2)(b) of the same act.
The defendants were, on June 13, arraigned by the anti-graft agency.
They, however, pleaded not guilty to the counts and admitted to a ₦100 million bail with one surety, each in like sum.
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