Alleged N33.2bn Arms Procurement Fraud: Re-arraignment of businessman stalled

The case was close to conclusion by July last year when the elevation of the then-trial judge forced a re-assignment of the case to a new judge, hence, its re-starting from the beginning by re-arraignment.

The re-arraignment of Olugbenga Obadina, Chairman and Chief Executive Officer (CEO), Almond Projects Limited, on Monday, by the Economic and Financial Crimes Commission (EFCC) suffered a setback.

Mr Obadina is being prosecuted over his alleged involvement in the misappropriation of N33.2 billion meant for the purchase of arms by then National Security Adviser (NSA) Sambo Dasuki.

The matter, which was fixed for hearing before trial judge James Omotosho of the Federal High Court in Abuja, could not proceed because the amended charge, claimed to have been filed by the EFCC, was not in the court file.

Upon resumed hearing, the prosecution lawyer, Ibrahim Buba, informed the court that he had an amended charge filed on 2 May and served on the defendants.

But Mr Omotosho could not see the amended charge in the court file after a thorough search.

“Counsel, I do not have that charge before this court and I have checked our ledger and I do not see it there,” he said.

The judge said the amended charge might have been mistakenly taken to another court at the instruction of the anti-graft agency’s lawyer during the filing of the process.

Mr Buba admitted that the amended charge might have been taken to Court 8, instead of Court 7 where the trial judge presides. He tendered an apology for the mix-up.

Adeola Adedipe, a Senior Advocate of Nigeria (SAN), who appeared for the defendants in the case, also apologised to the court on behalf of the prosecution.

Mr Omotosho subsequently adjourned the matter until 26 June for re-arraignment of the defendants.

“This matter is adjourned to June 26 for arraignment of the defendants for the amended charge that is not before this court as a result of the prosecution given wrong number of the court at the Process Unit,” the judge said.

The News Agency of Nigeria (NAN) reports that Mr Obadina, alongside his company, was earlier re-arraigned on 13 January 2024, by the anti-corruption commission on eight counts of money laundering to the tune of N2.17 billion before Mr Omotosho.

The defendants, however, pleaded not guilty to the counts and the judge ordered his remand in Kuje correctional centre pending the perfection of his bail conditions.

NAN reports that Mr Dasuki, the NSA during the President Goodluck Jonathan administration, was accused of criminal diversion of funds to the tune of $2.1 billion U.S. dollars.

The money was allegedly part of funds earmarked by the federal government to fight Boko Haram insurgency in the North-east.

The EFCC had, in the case marked FHC/ABJ/CR/142/2016, charged Mr Obadina and Almond Project Limited, following their alleged link with Mr Dasuki’s misappropriated funds.

They were formerly being prosecuted before Justice Nnamdi Dimgba of a sister court before his elevation to the Court of Appeal.

In court three of the charge, Mr Obadina and Almond Projects Ltd were alleged to have taken, on 3 April 2014, direct possession or control of the sum of N648 million paid into the account of Almond Projects Ltd with Zenith Bank Plc Account No: 1010921116.

The NSA office allegedly paid the money from its account with the Central Bank of Nigeria to the defendants without contract award.

The anti-corruption agency said the fund formed part of the proceeds of an unlawful activity of Mr Dasuki and that the offence is contrary to Section 15(2), (d) of the Money Laundering (Prohibition) Act, 2011 as amended in 2012 and punishable under Section 15(3) of the same Act.

NAN reports that, earlier on 4 July 2024, the former trial judge, Mr Dimgba, adjourned the case for adoption of final written addresses after the EFCC closed its case with four witnesses and the defendants called two witnesses before he was elevated to the Appeal Court.