EFCC asks court to inspect $9.7 billion recovered from NNPC’s ex-boss Yakubu

TRACKING____The Economic and Financial Crimes Commission (EFCC) on Thursday approached Justice Ahmed Mohammed of the Federal High Court, Abuja for an order directing it to visit the Central Bank of Nigeria, Kano branch and inspect the sum of $9.7 billion recovered from a former Managing Director of Nigerian National Petroleum Corporation (NNPC), Andrew Yakubu.

EFCC prosecutor Mohammed Abubakar made the oral application at the resumed cross-examination of Yakubu who is facing a twocount charge of money laundering.

The issue of inspection of the sum of $9.7bn arose when in an answer to a question by the prosecution, Yakubu said that not all the dollars found in his house “were fresh mint.”

He also said that he relied on what prosecution witness 3 said that the fresh dollars new mints are in “one hundred dollars note” and that they are contained in 30 packs.

Yakubu further told the Court that he was the deponent of an affidavit at the Supreme Court which stated that the money is in custody of CBN.

“I have not gone to Kano CBN but I relied on what you said here that it is in CBN and I don’t have reason to dispute that,” he said.

However, an attempt by prosecution counsel to tender the affidavit with the motion on notice that was filed at the Supreme Court, in respect of the money by the deponent was vehemently opposed to by the defence counsel, Raji, on the ground that it is a public document that requires certification.

Recalled that Yakubu has approached the Supreme Court with the affidavit to challenge the decision of Court of Appeal.

The appellate court refused to release the money to him after squashing four of the six count charge against him.

Justice Mohammed reserved his ruling on the admissibility of the document till November 30. On EFCC’s oral application for (locus in quo) visit to CBN Kano branch, the judge ordered the prosecution to file a formal application and serve the defendant by next week.

He also directed the defendant counsel to file his response, as he has indicated intention to vehemently oppose it.

Justice Mohammed consequently adjourned the matter to November 30, also for the hearing of the application.

Yakubu was arraigned on March 16, 2017 on a six-count charge of failure to make full disclosure of assets, receiving cash without going through a financial institution, which borders on money laundering and intent to avoid a lawful transaction under law, transported at various times to Kaduna, the aggregate sum of $9,772,800 and £74,000.

The EFCC said the money was recovered by its agents from a safe allegedly hidden by the defendant in a house in a community Kaduna State.

On October 17, 2018 the prosecution closed its case after calling its seventh witness, Suleiman Mohammed (an EFCC operative) who gave evidence regarding how the commission’s officials, on February 3, 2017, recovered $9,772,000 and £74,000 stashed in a huge fire proof safe in a building belonging to the defendant, located at Sabon Tasha area of Kaduna State.

At the conclusion of the prosecution’s case, the defendant made a no-case submission, which Justice Mohammed partially upheld in a ruling on May 16, 2019. The judge struck out two of the six counts contained in the charge and ordered Yakubu to enter defence in relation to the remaining four counts.

Justice Mohammed said: “I agree with the defence counsel that the prosecution has failed to prove the essential element of transportation of money on counts five and six. I accordingly discharge the defendant on counts five and six.

“Even though I am tempted to discharge the defendant on counts one to four, I am however constrained to ask the defendant to explain how he came about the monies recovered from his house.

“Fortified with my position, the defendant is hereby ordered to enter his defence in respect of counts one to four.”

Rather than enter his defence as ordered by the court, Yakubu appealed to the Court of Appeal, Abuja.

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In a judgment on April 24, 2020, the Court of Appeal partially upheld Yakubu’s appeal.

A threeman panel of the appellate court held, among others, that the prosecution was unable; by the evidence it led at the trial court, to establish a prima facie case against the defendant in relation to counts five and six.

The Court of Appeal then struck out counts five and six from the charge and ordered the case be returned to the trial court for Yakubu to enter defence in respect of the remaining two counts – counts three and four.