Court Discharges Turaki Of All Charges

A Federal High Court in Abuja yesterday freed a former Minister of Special Duties in the Goodluck Jonathan administration, Kabir Tanimu Turaki, charged with money laundering.

Justice Inyang Ekwo, in a judgment, quashed the 16-count charge on the grounds that the trial of the defendants in the charge was not only illegal but unconstitutional.

Justice Ekwo held that it was unlawful for the Economic and Financial Crimes Commission (EFCC) to neglect a letter by the Attorney General of the Federation (AGF) in which he requested that the case file be submitted to his office for review.

The judge also held that by the provision of the Constitution and the Administration of Criminal Justice Act (ACJA) 2015, the AGF, as the Chief Law Officer of the Federation, has inherent powers to review any criminal charge, take over the trial and even terminate the trial, as his office may deem fit.

He held that EFCC erred “by ignoring and neglecting” the AGF’s letter of April 4, 2020 with which he requested for the case file for review in order to avoid malicious prosecution.

Justice Ekwo averred that any law enforcement agency that ignores or neglects the directive of the AGF does so at its own peril.

The judge invoked sections 105 of ACJA and 21, 23 of the Money Laundering Prohibition Act 2012, and 174 of the 1999 Constitution, to declare the trial unlawful, illegal and null and void and struck out the charge.

Turaki, a Senior Advocate of Nigeria (SAN), was the Minister for Special Duties and Inter-Governmental Affairs from 2013 to 2015.

He was also the Supervising Minister of Labour from 2014 to 2015.

Arraigned with him, on charge filed by the EFCC, are his former Special Assistant, Sampson Okpetu, and two firms allegedly belonging to Okpetu – Samtee Essentials Limited and Pasco Investment Limited.

EFCC alleged, in the charge, that Turaki used the two companies belonging to his aide to illegally siphon public funds estimated at N714,670,014.87.

A count in the charge reads: “Count one of the charge reads: ‘That you, Kabiru Tanimu Turaki (whilst serving as Minister for Special Duties and Inter Governmental Affairs), sometime in January 2015, did use the sum of N159,104,000,  out of the sum of N359,104,000 released to the Federal Ministry of Special Duties and Inter-governmental Affairs for the purpose of sensitisation and enlightenment of Muslim Youths, knowing that the said sum is proceed of unlawful activity to wit: criminal misappropriation, and you thereby committed an offence, contrary to Section 15(2)(d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section (15(3) of the same Act.’”