The continuation of trial of a criminal charge filed against Diamond Bank Plc, two of its managers and two other persons by the National Drugs Law Enforcement Agency (NDLEA), at the Federal High Court in Lagos has been adjourned Till July 8.
The presiding judge, Justice Olatoregun-Ishola fixed the new date after rejecting exhibits tendered by the anti-drug agency during the trial of the accused persons, which commences today.
NDLEA had arraigned Diamond Bank Plc and two of its managers, Lasisi Abayomi and Hillary Ojukwu, Oni Oil and Gas Limited and Mrs Lizzy Chinyere Ikenua, were arraigned before a Lagos Federal High Court, on six-count charge bordering on money laundering.
In the said six-count charge signed by the Chief Prosecutor, Mr. Augustine Nwagu, of National Drug Law Enforcement Agency (NDLEA), alleged that the bank and its two managers in August 2006, within the jurisdiction of the court failed to verify the true identity of its customer; Oni Oil and Gas Limited, Chief Onoche Ikenua (now deceased) and Mrs. Lizzy Chinyere Ikenua before opening an account no. 0212010006203 in favour of the company and entering into other fiduciary relationships with it.
Count 5 of the charge read in parts: "That you Hillary Ojukwu being an employee of Diamond Bank Plc, a financial institution, between August and December 2006 at Lagos within the jurisdiction of this Honourable Court aided Oni Oil and Gas Ltd, Chief Onoche Ikenua (now deceased) and Mrs. Lizzy Chinyere Ikenua to convert various sums of money (amount yet to be determined) being money derived directly or indirectly from a crime to wit: illicit traffic in narcotic drugs and you thereby committed an offence contrary to Section 17(a) and punishable under Section 14(a) of the Money Laundering (Prohibition) Act, 2004".
While count-six reads: "That you Diamond Bank Plc, a financial institution, between the months of August 2006 to October at Lagos within the jurisdiction of this honourable court failed to report suspicious transactions on account no. 0212010006203 in the name of Oni oil and Gas Ltd and you thereby committed an offence contrary to and punishable under Section 6(9) of the Money Laundering (Prohibition) Act, 2004".
All the accused persons plead not guilty to the charge.
At the resumed proceedings of the matter on Monday, NDLEA had tendered some bank's documents and urged the court to admit it as exhibit.
NDLEA had tendered some Diamond Bank's documents which includes statement of account, account opening package and others.
But in opposing the admissibility of the said documents, the accused persons' led by Mr. Oladele O., urged the court to discontinuance the admissibility of the documents as prayed by the prosecutor.
Lawyers to the accused persons argued that the documents sought to be tendered by the prosecutor are public document, which ought to be certified before tendering it.
They argued that Section 84 of the Evidence Act stated that before any document could be tendered such document should be certified. They therefore submitted that since the prosecution has failed to certify the documents, the court should discountenance the tendering of it.
However, the prosecutor in his response argued that the Section being canvassed by the accused persons' has not being promulgated. He therefore urged the court to refused the submissions made by the defence and admit the documents.
Ruling on the admissibility of the documents, Justice Olatoregun-Ishola declared the documents as inadmissible and consequently rejected them.
"The objection raised by the defence is hereby upheld. The documents sought to be tendered by the prosecution is hereby inadmissible and is marked rejected," the judge ruled.
Upon the rejection of the documents, the prosecutor, Mr. Nwagu sought for an adjournment, and the matter was adjourned.
The presiding judge, Justice Olatoregun-Ishola fixed the new date after rejecting exhibits tendered by the anti-drug agency during the trial of the accused persons, which commences today.
NDLEA had arraigned Diamond Bank Plc and two of its managers, Lasisi Abayomi and Hillary Ojukwu, Oni Oil and Gas Limited and Mrs Lizzy Chinyere Ikenua, were arraigned before a Lagos Federal High Court, on six-count charge bordering on money laundering.
In the said six-count charge signed by the Chief Prosecutor, Mr. Augustine Nwagu, of National Drug Law Enforcement Agency (NDLEA), alleged that the bank and its two managers in August 2006, within the jurisdiction of the court failed to verify the true identity of its customer; Oni Oil and Gas Limited, Chief Onoche Ikenua (now deceased) and Mrs. Lizzy Chinyere Ikenua before opening an account no. 0212010006203 in favour of the company and entering into other fiduciary relationships with it.
Count 5 of the charge read in parts: "That you Hillary Ojukwu being an employee of Diamond Bank Plc, a financial institution, between August and December 2006 at Lagos within the jurisdiction of this Honourable Court aided Oni Oil and Gas Ltd, Chief Onoche Ikenua (now deceased) and Mrs. Lizzy Chinyere Ikenua to convert various sums of money (amount yet to be determined) being money derived directly or indirectly from a crime to wit: illicit traffic in narcotic drugs and you thereby committed an offence contrary to Section 17(a) and punishable under Section 14(a) of the Money Laundering (Prohibition) Act, 2004".
While count-six reads: "That you Diamond Bank Plc, a financial institution, between the months of August 2006 to October at Lagos within the jurisdiction of this honourable court failed to report suspicious transactions on account no. 0212010006203 in the name of Oni oil and Gas Ltd and you thereby committed an offence contrary to and punishable under Section 6(9) of the Money Laundering (Prohibition) Act, 2004".
All the accused persons plead not guilty to the charge.
At the resumed proceedings of the matter on Monday, NDLEA had tendered some bank's documents and urged the court to admit it as exhibit.
NDLEA had tendered some Diamond Bank's documents which includes statement of account, account opening package and others.
But in opposing the admissibility of the said documents, the accused persons' led by Mr. Oladele O., urged the court to discontinuance the admissibility of the documents as prayed by the prosecutor.
Lawyers to the accused persons argued that the documents sought to be tendered by the prosecutor are public document, which ought to be certified before tendering it.
They argued that Section 84 of the Evidence Act stated that before any document could be tendered such document should be certified. They therefore submitted that since the prosecution has failed to certify the documents, the court should discountenance the tendering of it.
However, the prosecutor in his response argued that the Section being canvassed by the accused persons' has not being promulgated. He therefore urged the court to refused the submissions made by the defence and admit the documents.
Ruling on the admissibility of the documents, Justice Olatoregun-Ishola declared the documents as inadmissible and consequently rejected them.
"The objection raised by the defence is hereby upheld. The documents sought to be tendered by the prosecution is hereby inadmissible and is marked rejected," the judge ruled.
Upon the rejection of the documents, the prosecutor, Mr. Nwagu sought for an adjournment, and the matter was adjourned.
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