The Federal High Court in Abuja on Monday adjourned a case of alleged money Laundering against the Rural Electrification Agency (REA) Managing Director, Ahmad Salihijo Ahmad and directors of four private companies to June 26th, 2023 after lawyer to the accused persons stalled proceedings with a motion challenging the jurisdiction of the court.
The charges of breach of Public Procurement Act were preferred against the defendants by Donnington Ltd, as a private prosecutor – following the recent decision of the Supreme Court in RAPHAEL OBIJIAKU Vs CHIEF JOE OBIJIAKU & 2 ORS (2022) 17 NWLR (PT. 1857) 377 at 405 Paras E- F.”
Ahmad was sued alongside a company, Velocity Logistics & Marine Limited (1st defendant), where he was alleged to be a director and shareholder, on a 12-count charge before Justice James Omotosho.
The other defendants are the directors of Winslow Logistics, Equal Logistics, Sahams Crystal Investment, and Antaser Nig Ltd, alonside their companies.
The charges were alleged to bother on infractions against the Money Laundering Act and, especially the non-declaration of the activities of their companies as specified under Sec 5 (1) (a) (I) of the Money Laundering (Prohibition) Act of 2011.
Also charged are Alkali Habib (a Director in TAJ Bank), Edwin Iyk Anyadigibe, Abdulmumini Haruna and Innocent Nwobodo.
Ahmad and the rest are facing a 10 count-charge bordering on violation of the Anti-Money Laundering Act, including non-declaration of companies’ financial transactions.
Their alleged offences violated Section 5 (1) (a) (I) of the Money Laundering (Prohibition) Act of 2011, and punishable under Section 16 (2) (b) of the same Act.
Upon resumed hearing in the matter on Monday, Counsel to the complainant, Ugbede Idachaba, informed that the matter was scheduled for the arraignment of the defendants.
However, the REA’s MD and is also the director of Velocity Logistics & Marine Ltd, Mr Ahmad, and others were not in court.
Lawyers to all the defendants, including Mohammed Ndarami, SAN, who represented Ahmad and Velocity Logistics, and Victor Opera, SAN, who appeared for Equip Logistics, urged the court to dismiss the suits for being incompetent.
They said the charges filed against their clients were incompetent and that the court lacked the jurisdiction to hear the suits.
Ndaram, who said a preliminary objection was filed on June 16, informed that the defendants were not in court because they went on Hajj.
Justice Omotosho therefore adjourned the four suits until June 26 for arraignment and for hearing of the preliminary objections filed by the defendants.
Speaking with newsmen shortly after the proceedings, Opara said a preliminary objection to challenge the jurisdiction of the cour had already been filed
According to him, our conception is that the whole charge is incompetent and we have challenged the jurisdiction of the court to entertain the charge as constituted, instituted and prosecuted.
However, Donnington Ltd had, in its arguments, said though there had been a long-held rule that a private citizen cannot institute and prosecute crime in Nigeria except with the consent and authorisation of the Attorney-General of the Federation, it said that “the rule has been overruled by the 2022 decision of the Supreme Court in RAPHAEL OBIJIAKU Vs CHIEF JOE OBIJIAKU & 2 ORS
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