Court frees bizman accused of keeping crime proceeds - Buzzyforum
Court frees bizman accused of keeping crime proceeds
The Lagos State Special Offences Court in Ikeja, on Monday, threw away the criminal charge filed against Abayomi Alaka by the Economic and Financial Crimes Commission.
Justice Mojisola Dada, while discharging Alaka of the alleged offence of retaining proceeds of crime, ruled that the prosecution had failed to establish a prima facie case against the defendant.
The EFCC had accused Alaka of retaining proceeds of crime and subsequently filed a suit, marked ID/23789C/24, charging him with three counts on March 20, 2024.
The anti-graft agency alleged that the defendant was aware of an existing order of forfeiture regarding a newly renovated storey building and knew that the property was the subject of forfeiture under a court order in suit No: FHC/ABJ/CS/465/2021 at all relevant times.
Alaka pleaded not guilty to all the charges, and the prosecution, led by Mr N. K. Ukoha, began with the trial and called three witnesses.
Meanwhile, after the prosecution closed its case on December 10, 2024, the defendant’s counsel, Mr Olalekan Ojo (SAN), informed the court of his intention to file a “No Case Submission.”
The prosecution counsel, Ukoha, did not oppose the application, and the court adjourned the case, as agreed by counsel, till January 20, 2025.
In the defendant’s no-case submission, Ojo argued that the principles governing such submissions and the duty of the trial court, where no prima facie case had been made against the defendant, were codified in Section 239 of the Administration of Criminal Justice Law of Lagos State 2015.
Ojo further argued that criminal responsibility for the commission of an offence depended on proving two key elements: actus reus (the act) and mens rea (the guilty mind), with the burden of proof resting on the prosecution.
He submitted that the prosecution had failed to establish that the defendant sold or disposed of the newly renovated storey building located at No. 22 PSSDS Road, Magodo Phase 2, Magodo, Lagos, when there was an existing forfeiture order.
Ojo pointed out that the prosecution had not tendered an affidavit of service of the interim forfeiture order to the defendant, nor any document showing that the defendant had received notice of the forfeiture order.
https://punchng.com/court-frees-bizman-accused-of-keeping-crime-proceeds/
Justice Mojisola Dada, while discharging Alaka of the alleged offence of retaining proceeds of crime, ruled that the prosecution had failed to establish a prima facie case against the defendant.
The EFCC had accused Alaka of retaining proceeds of crime and subsequently filed a suit, marked ID/23789C/24, charging him with three counts on March 20, 2024.
The anti-graft agency alleged that the defendant was aware of an existing order of forfeiture regarding a newly renovated storey building and knew that the property was the subject of forfeiture under a court order in suit No: FHC/ABJ/CS/465/2021 at all relevant times.
Alaka pleaded not guilty to all the charges, and the prosecution, led by Mr N. K. Ukoha, began with the trial and called three witnesses.
Meanwhile, after the prosecution closed its case on December 10, 2024, the defendant’s counsel, Mr Olalekan Ojo (SAN), informed the court of his intention to file a “No Case Submission.”
The prosecution counsel, Ukoha, did not oppose the application, and the court adjourned the case, as agreed by counsel, till January 20, 2025.
In the defendant’s no-case submission, Ojo argued that the principles governing such submissions and the duty of the trial court, where no prima facie case had been made against the defendant, were codified in Section 239 of the Administration of Criminal Justice Law of Lagos State 2015.
Ojo further argued that criminal responsibility for the commission of an offence depended on proving two key elements: actus reus (the act) and mens rea (the guilty mind), with the burden of proof resting on the prosecution.
He submitted that the prosecution had failed to establish that the defendant sold or disposed of the newly renovated storey building located at No. 22 PSSDS Road, Magodo Phase 2, Magodo, Lagos, when there was an existing forfeiture order.
Ojo pointed out that the prosecution had not tendered an affidavit of service of the interim forfeiture order to the defendant, nor any document showing that the defendant had received notice of the forfeiture order.
https://punchng.com/court-frees-bizman-accused-of-keeping-crime-proceeds/
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