THE Federal High Court sitting in Abuja has fixed October 16 to rule on whether the Managing Director of SunTrust Bank, Halima Buba, can cross-examine a prosecution witness presented by the Economic and Financial Crimes Commission (EFCC) in an ongoing $12 million money laundering trial.
News Point Nigeria reports that Justice Emeka Nwite adjourned the case for ruling following a heated legal argument between the prosecution and defence counsels over the propriety of certain questions posed to the EFCC’s first witness, Mr. Suleiman Ciroma, during cross-examination.
During the session, Rotimi Oyedepo, SAN, counsel to the EFCC, raised an objection to a question directed at the witness by Johnson Usman, SAN, who appeared for Buba.
The defence had asked Ciroma, the owner of Funnacle Bureau De Change (BDC) Ltd, to identify individuals who collected foreign currency from Mrs. Aisha Achimugu, Managing Director of Oceangate Engineering Oil and Gas Ltd.
The witness confirmed that Mr. Hassan Dantani was the Managing Director of Ashrap Energy Oil Ltd and also of Ashrap BDC Ltd, and that one Trimisi was the director of Triple A and D BDC Ltd.
However, the prosecution objected, contending that the question was irrelevant to the facts in issue, as the companies referenced, Ashrap Energy Oil Services Ltd and Ashrap BDC Ltd were distinct legal entities, even if they shared similar names.
In his submission, Oyedepo told the court that the transactions cited in the charge specifically involved Ashrap Energy Oil Services Ltd, not Ashrap BDC Ltd, which the defence had introduced.
“My lord, though the word ‘Ashrap’ appears in both entities, they are different companies,” Oyedepo argued.
“The case before this court concerns cash transactions by Ashrap Energy Oil Services Ltd which exceeded legal thresholds and were conducted without passing through financial institutions.”
He cited relevant provisions of the Money Laundering (Prohibition and Prevention) Act, particularly Sections 21(a), 2(1), and 19(1)(d), to support his position that such transactions fall squarely within the purview of the EFCC’s case.
Responding, Usman strongly opposed the EFCC’s objection, insisting that his question was legitimate and relevant to issues already raised by the witness during his evidence-in-chief.
“My lord, the effect of my learned friend’s argument is that the defendants should be bound by his own narrative,” Usman said.
“The defendants have pleaded not guilty, and the burden of proof lies squarely on the prosecution.”
Citing Sections 223 and 215(2) of the Evidence Act, Usman maintained that cross-examination “need not be confined to what the witness said in examination-in-chief,” adding that his questions merely sought to clarify the witness’s earlier testimony.
He reminded the court that the witness had previously mentioned that Dantani and Trimisi collected U.S. dollars from Achimugu and credited her with naira equivalents.
“We are simply referring to what he had already said in open court,” Usman stressed.
“This objection is an attempt to muscle the defence from properly defending their case. I urge your lordship to overrule it.”
After hearing arguments from both sides, Justice Nwite adjourned the case to October 16 for ruling on the objection and October 17 for continuation of the trial.
Buba and her co-defendant, Innocent Mbagwu, Executive Director and Chief Compliance Officer of SunTrust Bank, are being tried on money laundering charges amounting to $12 million.
The EFCC alleges that the defendants facilitated cash transactions exceeding statutory limits without routing them through approved financial institutions.