Judge alleges pressure over biggest fraud case
By Mustapha Ogunsakin Snr. Judicial Reporter
SILENCE descended on a Lagos High Court yesterday when the sitting judge, Justice Joseph Olubunmi Oyewole, disclosed that some persons were paying unusual visits to him over a case he is handling.
It was in the celebrated trial of some Nigerians over a N62 billion ($242 million) fraud they allegedly perpetrated against a Brazilian bank.
Justice Oyewole, at the resumed hearing in the matter, warned such visitors to desist from their action, because "it is totally unnecessary." He pledged fairness and commitment to justice in the case.
Standing trial for the alleged offence are Chief Emmanuel Nwude, Mrs. Amaka Anajemba and Nzeribe Okoli as first, second and third accused persons, in that order.
Nwude, a former director in a bank and two others were arraigned before Justice Oyewole on July 23, 2004 on a 98-count charge of conspiracy and obtaining money under false pretence.
Since the arraignment, the accused persons had made spirited efforts to get bail which were, however, refused by the court.
The judge, in an address immediately the sitting began, said: "There are two important clarifications that I have to make on this trial. This is a public trial and members of the press are ably represented."
He continued: "I have read in the press on the issue of 'plea bargaining'. I want to say that there is nothing like 'plea bargaining' in our Criminal Procedure laws and I want everyone of us to be mindful of that. It is an open trial and we should be mindful of what we do here."
Then the bombshell: "There are certain visits I received from certain people on behalf of the accused persons. This is totally unnecessary, as this court would decide this case based on what happens in this court. The accused persons should be assured that this court would be fair in this trial."
Oyewole continued: "I need to warn however that subsequent visits would not be taken lightly. I can understand the plight of the accused persons who are in custody. People will always come to them to say they know me, but let me say that such people and visits are not necessary."
As soon as Oyewole finished his warning, the most senior lawyer in the defence team, Chief Chris Uche, reiterated his unflinching confidence in the court. He said: "We are grateful to my Lord. We have the utmost confidence in this court. We do not know where this is coming from. But we know that everybody's eyes are on this trial, both here in Nigeria and internationally. We expect justice to be done irrespective of any influence from any quarters whatsoever, including government."
One of the high points of yesterday's trial was the evidence of one Mr. Ezugo Daniel Nwadu who claimed that one of his companies, Omega Engineering Services, built a personal luxury home for the late Chief Ikechukwu Anajemba, husband of Amaka, for N191 million. Of the sum, he added, N181 million or 95 per cent was paid immediately
Nwadu also claimed that his company had gone into liquidation over its dealings with the late Anajemba.
His evidence went thus in part:
The witness said that sometime in early 1997, the late Anajemba told him about having "some money from his petroleum business, which he wanted exchanged into Naira."
He said: "The amount was $5 million and (he) asked if we could change it for him and we answered in the affirmative. The money was said to be abroad and they needed Naira here."
Nwaudu testimony continued: "He (Anajemba) said it was proceeds of Dax Petroleum, his company. We gave him our London account in Barclays Bank London, the account of McDaniels United Kingdom Limited, our off shore company. The account was at Barclays Bank Dockland, London. After about three or four days, he came that he had transferred the money to our account.
"We contacted our London representative to confirm and he confirmed receipt of two payments of 1.749 million dollars and 2.749 million dollars totalling about 4.49 million dollars, a little short of 4.5 million dollars. We confirmed this to late Anajemba, who said the mix-up was from his bank.
"We were trying to sort this out when another sum of 3.54 million dollars was paid over, making a total of $8,040 million. We sold the money for Naira as requested by late Anajemba. All was not done at once. We initially sold to banks."
Nwaudu said that he sold $200,000 to a Nigerian bank. He added: "The late Anajemba also asked us to send money to various third parties," one of whom was sent $700,000."
He said that a tobacco company got "about 560,000 dollars," while the late Anajemba "also set aside 300,000 dollars for the building project, specifically for lighting and bathroom fixtures of the house, that is the luxury personal house we were building for him at G.R.A. Enugu, earlier referred to."
He continued: "Late Anajemba informed me that the money was the proceeds of the oil business of Dax Petroleum Limited. He was always talking about oil business. I did not know much about it or those he was involved with in the business. I do not know any office of the said Dax Petroleum in Enugu.
"Our said London account had been frozen due to these transactions for about three years now and we have not been doing any business on it since then.
"The entire money transferred to that London account was from a New York account. It was during this investigation that I knew it was from Standton Development Corporation. As at today, for about three years now because of this case, General Securities and Mcdaniels are now into liquidation. This is because of Anajemba transactions we did. We have been in court in New York, New Jersey, London etc. The transaction had been ruinous to us.
"My company had nothing to do with Stanton Development Corporation. I heard that name during this case in London in 2002 for the first time."
He said that a local bank paid his company "N103 million being the Naira value of $6.2 million," adding: "We paid over to late Anajemba through the name of Dax Petroleum Limited. All the cheques were handed over personally to late Chief Anajemba."
Further trial continues tomorrow.`
