The Attorney-General.of the Federation (AGF), Mr Abubakar Malami, SAN, on Tuesday, took over a N1.84 billion money laundering suit against Nicholas Ashinze, a former military assistant to Col. Sambo Dasuki (rtd.) and eight others.
Justice Okon Abang of a Federal High Court sitting in Abuja division granted the request after counsel for the office of the AGF, David Kaswe, moved the application.
Justice Abang held that no court of law can question the exercise of AGF’s powers, under Section 174 (1)(b) of the 1999 Constitution (as amended), to take over any matter before the court of law.
According to NAN, Ashinze (1st defendant) was standing trial alongside an Austrian, Wolfgang Reinl; Edidiong Idiong and Sagir Mohammed listed as 2nd to 4th defendants respectively.
Other defendants in the case are five companies: Geonel Integrated Services Limited, Unity Continental Nigeria Limited, Helpline Organisation, Vibrant Resource Limited and Sologic Integrated Service Limited listed as 5th to 9th defendants respectively.
The were re-arraigned by the Economic and Financial Crimes Commission (EFCC) on a 13-count money laundering charge.
The amended charge, dated Oct 3, 2017, was filed on Oct. 6, 2017.
They all however, pleaded non-guilty to all charges.
Upon resumed trial on the matter, Kaswe, who appeared for the AGF, informed the court that he had the authority of Malami to take over the case.
The lawyer said this was in accordance with Section 174(1)(a) and (c) of the 1999 Constitution (as amended).
According to the AGF’s lawyer, we are opposed to consequential order of acquittal.
He cited Section 108(1) of the ACJA 2015 as a ground for the withdrawal of the charge against the defendants.
He said under Section 108 (1) of ACJA 2015, the court was also given the discretionary powers to either discharge and acquit the defendants or rather discharge them of the charge after taking into consideration the overall circumstance of the case.
“We pray that the defendants be discharged and not acquitted,” he said
Delivering the ruling, Justice Abang held that the matter was a very simple issue that was not difficult to resolve by the court.
Abang further clarified that it was not mandatory that a court must make a consequential order to discharge and acquit defendants when a prosecution withdrew a charge.
“It is at the discretion of the court, I do hold,” he said.
