By Emoabino Christian

Femi Fani-Kayode, the former aviation minister and spokesperson of the Peoples’ Democratic Party's Presidential Campaign Organisation, has been cleared of all money-laundering charges.
Justice Rita Ofili-Ajumogobia of a federal high court in Lagos, on Wednesday, delivering the judgment said even though it was settled that a total sum of N2.1million was actually paid into the account of the accused but the giver of the money remained unclear as the prosecution was unable to put substantial facts before the court in this direction.
It would be recalled that the judge had earlier on November 17, 2014 dismissed 38 out of the 40
counts of money laundering charges slammed on him by the Economic and Financial Crimes Commission (EFCC).
The judge also put up two issues for determination which, she said, must be proved beyond reasonable doubts by the prosecution before the accused could be convicted.
These issues, according to the judge, are that the prosecution must show that there was actually an acceptance of cash payment above N500,000 by the accused and that there was payment of the specified amount into the account of the accused.
However, Justice Ajumogobia, declared that the prosecution failed to prove these elements, saying it was necessary for sufficient and unequivocal evidences to be put before the court as to how the monies were lodged in the accused person's account.
The court also disagreed with the prosecution that the mere deposit of the said sum in the accused
account was enough to nail him.
Justice Ajumogobia also faulted the testimonies of the 4th Prosecution Witness (PW4), Supo Agbaje,
who was accused of paying the monies into the accused person's account.
According to the judge, the testimonies of PW4 was unreliable, vague and an afterthought.

Supo Agbaje’s extra judicial statement to the EFCC was said to be at variance with his testimonies before the court.
On the whole, the court held that the prosecution had failed to prove the case beyond reasonable doubt.
"I am of the view that the accused should be discharged and acquitted of the case," the judge held.
Adopting his written address on the case, Fani-Kayode's lawyer, I. A. Adedipe (SAN), disclosed that the prosecution had failed to lead evidences with regards to the money allegedly accepted by the
accused.
He said, "The prosecution had alleged that the accused received the sum of N2.1million in the charge but none of the prosecution witnesses testified as to have given any money to the accused. The accused has never confessed to receiving any money as was claimed by the prosecution."
The silk, while urging the court to dismiss the charges and discharge and acquit his client, maintained that the burden of proof was on the prosecution and it had failed woefully in this regard.
In his own submissions, EFCC's lawyer Festus Keyamo, while admitting that the offence committed, was in the receipt of the cash, stated that "the prosecution's point of divergence is the insistence of the defence that someone must come to show that the accused, indeed, collected the money."
According to him, the prosecution had disposed its burden when it disclosed that large sums
of money were found on the accused.
"After this point, the burden shifted to the accused to, indeed, show where the money came from," he said.
Keyamo also read out a portion of the accused statements to the police to buttress the prosecution's
claim that he had confessed to collecting the money.
The statement reads, "I am aware of some payments in and out of my account. Some above N500,000 ".
Keyamo stated that a combination of the statements and that of the Investigative Police Officer (IPO) led to the prosecution's insistence that it had discharged its burden that monies were received in cash by the accused and that they did not pass through any financial institution.
Fani-Kayode was first arraigned sometimes in December 2008 before Justice Ramat Mohammed on a 47-count charge.
He had pleaded not guilty to the charge and Justice Mohammed had granted him bail in the sum of N200 million with two sureties in like sum.
He was re-arraigned before Justice Binta Murtala-Nyako, following the transfer of Mohammed from the Lagos division.
The accused was again re-arraigned before Justice Ajumogobia on Feb. 11, 2013, after the transfer of Murtala-Nyako.
He was again re-arraigned before Ajumogobia on March 6, following the amendment of the 47-count charge to 40-count, the EFCC having dropped seven of the counts.
At the trial of the former minister, the EFCC had called six witnesses, while the defence only called two witnesses.
The judge, however, said the accused would need to prove his innocence in respect of counts 25 and 26 of the charges after dismissing 38 of the 40 charges.
The counts read, “That you, Chief Femi Fani-Kayode, on or before September 20, 2006, while serving as Minister of Culture and Tourism of the Federal Republic of Nigeria, in Lagos within the jurisdiction of this honourable court, made a transaction exceeding N500,000 which was not done through financial institution, by accepting cash payment of N1m, which sum was further paid into your personal account number, 103450252601 with First Inland Bank plc, Apapa branch, now FCMB,
through one Supo Agbaje, your administrative staff, now at large.

“That you, Chief Femi Fani- Kayode on or before September 20, 2006, while serving as Minister of Culture and Tourism of the Federal Republic of Nigeria, in Lagos within the jurisdiction of this honourable court, made a transaction exceeding N500,000, which was not done through financial
institution, by accepting cash payment of N1.1m, which sum was further paid into your personal account number, 103450252601 with First Inland Bank plc, Apapa branch, now FCMB, through one Supo Agbaje, your administrative staff, now at large.”Dis