The Federal High Court in Abuja has dismissed an application by the Economic and Financial Crimes Commission (EFCC) to cross-examine a former group managing director of the Nigerian National Petroleum Corporation (NNPC) Andrew Yakubu.
Ruling on Thursday, Justice Ahmed Mohammed sustained the objection raised by Mr Yakubu’s counsel Ahmed Raji.
Raji had on July 22 disagreed with the EFCC’s counsel Mohammed Abubakar on his plan to cross-examine Yakubu who is the first defence witness based on Exhibit J which borders on a case with suit number FHC/ABJ/CR/121/2016.
The suit was instituted by the anti-graft agency in 2016 before Justice Nnamdi Dimgba when Yakubu was head of NNPC.
The case which is still ongoing involves an oil company Atlantic Energy Brass Development Ltd. in which Yakubu was initially the seventh defendant in the suit and was later dropped to become the first prosecution witness in the matter bordering on illegal lifting of crude oil.
Raji had argued that Exhibit J which the EFCC lawyer planned to take Yakubu on was irrelevant to the case at hand.
The EFCC had in 2017 raided the residence of the ex-NNPC boss in Kaduna State and found $9.7 million and 74, 000 pounds in a safe.
Yakubu was, however, arraigned on March 16, 2017 on six counts but was ordered by the Court of Appeal to defend counts three and four which bordered on failure to make full disclosure of assets, receiving cash without going through a financial institution and intent to avoid a lawful transaction.
The EFCC alleged that the offence contravened the provisions of Section 1(1) of the Money Laundering Act, 2011 and punishable under Section 16(2)(b) of the Act.
In his ruling on Thursday, Justice Mohammed said it was not in doubt that by the judgment of the Court of Appeal alluded the defendant (Yakubu) was specifically ordered to enter his defence on counts three and four only while being discharged of other counts.
“To determine whether Exhibit J is relevance for determination of counts three and four, I deem it as expedient at this stage,” he said.
The judge adjourned the case until November 30 for trial continuation.
