Abuja (Nigeria): EFCC witness Bello Umar has revealed how Olugbenga Obadina received N2.1 billion from the office of the former National Security Adviser, Col. Sambo Dasuki (rtd.), without executing a contract.
Umar, the first prosecution witness (PW-1), made this known before Justice James Omotosho of the Federal High Court in Abuja, while being led in evidence by the Economic and Financial Crimes Commission (EFCC) lawyer, Ibrahim Buba.
Obadina is the Chairman and Chief Executive Officer (CEO) of Almond Projects Limited.
The trial is part of the ongoing case in the alleged misappropriation of N33.2 billion meant for the purchase of arms by Dasuki, who was the then NSA during ex-President Goodluck Jonathan’s administration.
The money was allegedly part of funds earmarked by the Federal Government to fight Boko Haram insurgency in the northeast.
The witness, an investigator with the anti-graft agency, stated that he was familiar with Obadina and his company, which was listed as the 1st and 2nd defendants in the charge marked: FHC/ABJ/CR/142/2016.
He informed the court that his schedule of duties included conducting investigations and performing financial analyses as needed.
Umar said he got to know Obadina through a complaint lodged by the NSA’s office, “that there was a contract execution which he did not do after receiving the whole amount.”
The investigator said that after the complaint, a letter was written to the NSA’s office to furnish the team with Obadina’s payment schedule
“We also wrote letters to various banks to provide us with bank statements.
“We contacted the office of the National Security Adviser to verify the conclusion or execution of those projects.
“They told us they did not have any contract with the defendants.
“The total amount of the money is N2.1 billion,” the PW-1 said.
The witness stated that the investigating team invited Obadina, but that all the explanations he provided could not be substantiated.
According to him, he (Obadina) could not show any tangible projects of the contract executed, because no contract exists.
He stated that his team was able to confirm that Obadina was the owner of the company, who allegedly used to siphon the funds, through an investigative letter written to the Corporate Affairs Commission (CAC).
When the EFCC lawyer asked Umar how the money was paid to Obadina, the witness said: “It was paid in six tranches.”
He stated that part of the money was deposited into the Guarantee Trust Bank (GTB) account, while the remainder was deposited into the Zenith Bank account.
According to the PW-1, the bank accounts carry the name of the defendant and his company.
Umar said Obadina’s statement was taken in the presence of his lawyer, called Dr Nasiru.
The witness identified all the documents sought to be tendered as exhibits by Buba, including letters from the NSA’s office, the extrajudicial statement, the statements of accounts from GTB and Zenith and the document from CAC.
Buba then sought to tender the six documents identified by Umar.
Obadina’s counsel, Adeola Adedipe, SAN, objected to the admissibility of some of the papers on the ground that they were not certified by the institution in custody (CBN), citing Section 102 of the Evidence Act and other relevant laws, including a previous case, to back his argument.
Adedipe said: “I will not object to the CAC documents, the GTB and the Zenith Bank statements.”
He, however, opposed the admissibility of the letter from the NSA’s office, dated May 5, 2016.
The senior lawyer also objected to the admissibility of Obadina’s extrajudicial statement, arguing that it was not made voluntarily.
Adedipe informed the court that Obadina had been in the custody of the EFCC for approximately 40 days before the statement was taken.
“In fact, the defendant has to approach a court for his fundamental right, and there is a judgment to the effect,” he added.
He submitted that Obadina’s extrajudicial statement was obtained in violation of Sections 28 and 29 of the Evidence Act, and Section 17(2) of the Administration of Criminal Justice Act (ACJA), 2015, among others.
“There was no video recording and no lawyer presence,” he argued, urging the court to reject the documents.
Buba disagreed with Adedipe.
He argued that the NSA’s letter, entitled “Re-Investigation Activities,” dated May 5, 2016, was very relevant to the proceeding, contrary to the defence submission.
“The documents are annexures to the main document, which is a letter from the NSA office.
“The documents themselves originated from the NSA’s office to the CBN, and the originals were received by the CBN and acknowledged in a separate copy.
“These documents are in the office of the NSA, and it is the NSA that is competent to certify them.
*We urge my lord to discountenance the argument,” he said.
Regarding Obadina’s statement, Buba stated that the witness never informed the court that the statement in question was a confessional statement that required video evidence, citing Section 15(2).
According to the lawyer, the witness said the statement was recorded in the presence of his lawyer.
However, he said that if the defence insists the statement was not voluntary, the prosecution would apply for a trial-within-trial to establish its voluntariness.
Justice Omotosho, therefore, admitted the documents from GTB and Zenith Bank, the CAC document, and a letter from the NSA’s office as Exhibits PWA, PWB, PWC, and PWD, respectively.
The judge, however, adjourned until December 2 for a ruling on a letter dated May 5, 2016.
Obadina was re-arraigned on January 13, 2024, by the anti-graft agency on an eight-count charge bordering on money laundering to the tune of N2.17 billion.
He, however, pleaded not guilty to the charge and was admitted to bail in the sum of N500 million with two sureties in like sum.
In court, three of the charges alleged that Obadina and Almond Projects Ltd directly took possession of N648 million, which was paid into the account of Almond Projects Ltd with Zenith Bank Plc, Account No: 1010921116, on April 3, 2014.
The money was allegedly paid from the NSA office’s account at the CBN without a contract award.
The agency stated that the fund formed part of the proceeds from an unlawful activity by Col. Dasuki, and the offence is contrary to Section 15(2) (d) of the Money Laundering (Prohibition) Act, 2011, as amended in 2012, and is punishable under Section 15(3) of the same Act.
Obadina was earlier arraigned before Justice Nnamdi Dimgba in 2016.
Justice Dimgba had, on July 4, 2024, adjourned for the adoption of final written addresses after the EFCC had closed its case, having called four witnesses, and the defendants had called two witnesses, before he was elevated to the Appeal Court.
