State Governor, Emmanuel Udom, seeking to quash the entire charge
preferred against Paul Usoro, SAN, President, Nigerian Bar Association,
NBA, by the Economic and Financial Crimes Commission, EFCC.
Usoro was charged alongside Udom and others in a case of money
laundering to the tune of N1.4 billion, belonging to the Akwa Ibom State
government.
The NBA President was first arraigned before Justice Muslim Hassan of
the same court on December 18, 2018.
He was later re-arraigned before Justice Aikawa on a 10- count charge.
One of the counts reads: “That you, Paul Usoro, SAN, Emmanuel Udom
(currently constitutionally immune against criminal prosecution),
Uwemedimo Thomas Nwoko (still at large), Nsikan Linus Nkan, Commissioner
of Finance, Akwa Ibom State (still at large), Mfon Jacobson Udomah,
Accountant-General, Akwa Ibom State (still at large) and Margaret
Thompson Ukpe (still at large) sometime in 2015 in Nigerian, 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
the Government of Akwa Ibom State of Nigeria, which sum you reasonably
ought to have known 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.”
At today’s sitting, Justice Aikawa, in his ruling, held that the
application filed by Udom lacked merit due to the fact that the charge
before the court did not include the Governor and his aides as
defendants.
The Judge held that “In a criminal suit, there are two segments: the
complainant and the defendant(s).
“In this charge before me, the complainant is the EFCC and the defendant
is Paul Usoro.
“Given the fact that the name of the applicant was mentioned in counts
one to four does not make him a defendant in this case.
“It is also unconstitutional for the Federal Government to investigate
and prosecute a serving governor. Gov. Udom cannot be charged in view of
the immunity he enjoys, including his aides, and also due to the fact
that the N1.4 billion were funds belonging to Akwa Ibom State and not
Federal Government.”
The Judge further held that the applicant could not apply to the court
to quash the charge or seek fair hearing as prayed in the application
because he is not a defendant in the case.
Justice Aikawa, therefore, ordered the prosecution to serve the defence
team with the “proof of evidence”, prosecution witnesses’ statements and
letters from both Access Bank and Diamond Bank.
The prosecution was also ordered to furnish the defence team with the
documents within seven days.
Justice Aikawa adjourned the case to June 3, 2019 for continuation of
trial.