EFCC accused Metuh of receiving the N400m from “an unlawful activity” of the immediate past National Security Adviser (NSA), Mohammed Sambo Dasuki.
The commission said its investigation also revealed that Metuh allegedly transferred $2million, through one of his agents, Nneka Nicole Ararume, to Sie Iyenome and Kabiru Ibrahim of Capital Field Investment, an organisation it found not to be a financial institution.
These are contained in a seven-count charge marked: FHC/ABJ/CR/05/2016, filed yesterday by EFCC, against Metuh and his company – Destra Investment s Limited – before the Federal High Court, Abuja.
The EFCC was silent on why Metuh gave Anenih N21,776,000 and for what purpose.
The commission, which was also silent on what investment Metuh made with the $1m, said it will lead evidence to that effect at trial.
EFCC’s lawyer Rotimi Jacobs (SAN) said the commission will arraign Metuh on the charge once the court indicates its readiness.
Also yesterday, Justice Okon Abang of the Fedarl High Court, Abuja rejected
Metuh’s application to compel the EFCC to immediately respond to his fundermental rights enforcement suit.
Justice Abang, in a ruling, said the Fundamental Rights Enforcement Procedure Rules allow a respondent five days to respond.
He rejected the application by Metuh’s lawyer, Ifedayo Adedipe (SAN), to abridge the time within which the EFCC could file its response to his (Metuh’s) suit.
Count one of the charge reads: “That you, Olisa Metuh and Destra Investments Ltd on or about November 24, 2014 in Abuja within the jurisdiction of this honourable court took possession of the sum of N400m paid into the account of Destra Investments Ltd with Diamond Bank Plc account number 0040437573 from the account of the Office of the National Security Adviser with the Central Bank of Nigeria without contract award when you reasonably ought to have known that the said fund formed part of the proceeds of an unlawful activity of Colonel Mohammed Sambo Dasuki (retd), the then National Security Adviser to wit: criminal breach of trust and corruption and thereby committed an offence contrary to section 15(2)(d) of the Money Laundering (Prohibition) Act 2011 (as amended in 2012) and punishable under section 15(3) of the same Act.
Metuh and his company are in count two accused of Converting the “N400m which sum was transferred from the account of the Office of the National Security Adviser with the Central Bank of Nigeria without contract award, which you claim to have received for political activities of the Peoples Democratic Party when you reasonably ought to have known that the said funds form part of an unlawful activity of Colonel Mohammed Sambo Dasuki (retd), the then National Security Adviser (to wit: criminal breach of trust and corruption and thereby committed an offence to Section 15(2) of the Money Laundering (Prohibition) Act 2011 (as amended in 2012) and punishable under Section 15(3) of the same ýAct.”
They are in count three accused of retaining the N400m “on behalf of PDP for its campaign activities by concealing the fund in your ýaccount with Diamond Bank Plc when ought to have known that such funds form part of an unlawful activity of Colonel Mohammed Sambo Dasuki (retd), the then National Security Adviser (to wit: criminal breach of trust and corruption) and you thereby committed an offence contrary to section 17(a) of the Money Laundering (Prohibition) Act 2011 (as amended in 2012)”
They are in count four said to have “sometime between November 2014 and March 2015 in Abuja within the jurisdiction of this honourable court, having reason to know that an aggregate sum of N400m, directly represented ýproceeds of an unlawful activity of Colonel Mohammed Sambo Dasuki (retd), the then National Security Adviser (to wit: criminal breach of trust and corruption) in respect of the said amount used the said fund for the campaign activities of the Peoples Democratic Party and other purposes and thereby committed an offence contrary to Section 15(2)(d) of the Money Laundering (Prohibition) Act, 2011 as amended in 2012 and punishable under Section 15(3) and (4) of the same Act.”
Metuh and his company are accused, in count five, of making a cash payment of $1m around December 2, 2014 “through your agent, Nneka Nicole Ararume, to one Kabiru Ibrahim of Capital Field Investments, a non-financial institution, and thereby committed an offence contrary to Section 1 of the Money Laundering (Prohibition) Act 2011 (as amended in 2012) and punishable under Section 16(2)(b) of the same Act”.
In count six, the duo are accused of making “a cash payment, through your agent, Nicole Ararume, to one Sie Iyenome of Capital Field Investment, to the tune of $1m and thereby committed an offence contrary to section 1 of the Money Laundering (Prohibition) Act as amended in 2012 and punishable under section 16(2)(b) of the same Act”
In count seven, the duo are said to have transferred “N21,776,000, being part of the sum of N400m which directly represented the unlawful activity of Colonel Mohammed Sambo Dasuki, the then National Security Adviser, to wit: breach of trust and corruption, to Chief Tony Anenih and thereby committed an offence contrary to section 15(2) (b) of the Money Laundering (Prohibition) Act, 2011 (as amended in 2012 and punishable under section 15(3) of the same Act.”
In an earlier proceedings, Justice Abang, after listening to arguments from Adedipe and Jacobs, in relation whether he could abridge the time for EFCC to respond to Metuh’s fundamental rights application, held that Adedipe was wrong to have attempted to stampede the EFCC to respond to Metuh’s suit.
The judge observed that since the law allows a respondent in a fundamental rights application to respond within five days, his court could not compel the EFCC to respond before the five days, having been served on January 13.
The judge, in a ruling, allowed EFCC to have its five days and adjourned till January 20 for the hearing of Metuh’s main fundamental rights enforcement suit.
The Nation.
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