THE CHARGES
-That you Bello Abba Mohammed, BAM Projects and Properties and Dr. Haliru Bello took possession of N300million when you reasonably ought to have known that the said fund formed part of the proceeds of an unlawful activity of Col. Mohammed Sambo Dasuki(rtd)
-That on or about 17th March 2015 N300million was transferred from the account of the Office of the National Security Adviser with the CBN purporting same to be for “Safe Houses” but which you claimed to have for political campaign
-That you Bello Abba Mohammed and BAM Projects and Properties Limited did retain the sum of N300million by concealing the said sum in your account with Sterling Bank Plc
-That you Bello Abba Mohammed, BAM Projects and Properties Limited and Dr. Haliru Bello did conspire to launder the sum of N300million
A Federal High Court in Abuja yesterday ordered that former Peoples Democratic Party (PDP)Chairman Haliru Mohammed Bello be restricted to the Abuja Clinics, where he is on admission.
The court also ordered that his son, Abba Mohammed Bello be remanded in Kuje prison, Abuja.
Justice Ahmed Ramat Mohammed, who listened to lawyers to Mohammed and his son argue their bail applications, shortly after they were arraigned on a four-count charge of money laundering.
The judge directed that his order that Bello be restricted to the hospital be brought to the notice of the Inspector General of Police (IGP) by the court’s registrar, for enforcement.
The court orders are to subsist till tomorrow when the judge will rule on the bail applications.
Bello, who reportedly took ill shortly after the Economic and Financial Crimes Commission (EFCC) filed the charge against him, his son and their company, Bam Projects and Properties Limited, was brought to court in a wheel chair. He was assisted by two medical personnel provided by the hospital.
The former Defence Minister, dressed in a dark-blue embroidered kaftan, was brought to the court a few minutes after 10 am. His son, dressed in a sky-blue kaftan, was brought in by security agents about 30 munities later.
By 11.20am, proceedings had begun. The charge against them was called and each count read to them. They pleaded not guilty. Their lawyers, O. Ozoka (for Abba) and Abdulazeez Ibrahim (for Bello) moved their bail applications and urged the court to allow them on bail.
Before the court heard parties’ argument on the bail applications, proceedings were briefly halted when Bello, through his lawyer, sought the court’s permission “to answer the call of nature”, a request the judge promptly granted.
On the resumption of proceedings about 30 munities later, Ozoka and Ibrahim urged the court to grant them bail on the grounds that the offences were bailable and that both defendants were ill.
Although Ozoka was silent on the nature of his client’s illness, Abba, who at a point in the course of proceedings sought to be allowed to sit down, told the judge that he was suffering from stomach discomfort, when the judge asked him what was wrong with him.
Ibrahim told the court that Bello was on admission at the Abuja Clinics, where he was treated for surgery wounds. He said his client just returned from the United Kingdom, where he undertook “a major surgery”. He was silent on the nature of his (Bello’s) illness.
Prosecution lawyer Aliyu Yusuf opposed the bail application on the ground that both father and son were unable to provide sufficient evidence to enable the court exercise its discretion to grant them bail.
Relying on the authority of Abiola vs Federal Republic of Nigeria 1995 (1) NWLR part 370 at page 155, Yusuf urged the court to deny them bail on the ground that they were yet to provide evidence that the prison authorities were incapable of attending to their illnesses, if they were remanded in prison custody.
He urged the court to consider the weight of evidence against the defendants, the possibility of them tampering with prosecution witnesses and the magnitude of the punishment, which is a maximum of 14 years, should they be convicted.
Ruling, Justice Mohamed ordered that Abba (who is listed as the 1st defendant) be remanded in Kuje prison and that Bello, who is on admission at the Abuja Clinics, should be restricted to the hospital under the supervision of the IGP. He directed that the court’s registrar should immediately bring the court’s order to the attention of the IGP and adjourned till January 7 for ruling on their requests for bail.
Bello, his son and BAM are accused of receiving N300m from the Office of the National Security Adviser (ONSA) on March 17, 2015 for political campaign under pretext that it was meant for a housing project named “Safe Houses”.
The first count states that the N300m collected by the defendants was part of proceeds of the immediate past National Security Adviser, Col. Sambo Dasuki’s “unlawful activity”.
They were, in count two, accused of receiving the N300m under the guise that it was meant “for Safe Houses” when it was actually for political campaign.
In count three, they were alleged to have concealed the money in their Sterling Bank Plc account when they “knew the said Doctor Aliru Bello and Col. Mohammed Sambo Dasuki (retd.) to be engaged in a criminal conduct”.
They were also accused of conspiring to “launder” the money, which they claimed to have received for political campaign when they “reasonably ought to have known that the said fund formed part of the proceeds of an unlawful activity of Col. Mohammed Sambo Dasuki, the then National Security Adviser”.
The charges: “That you Bello Abba Mohammed, BAM Projects and Properties and Dr. Haliru Bello on or about 17th March 2015 in Abuja within the jurisdiction of this Honourable Court took possession of the sum of N300million paid into the account of BAM Projects and Properties Limited with Sterling Bank Plc from the account of the Office of the National Security Adviser with the CBN when you reasonably ought to have known that the said fund formed part of the proceeds of an unlawful activity of Col. Mohammed Sambo Dasuki(rtd), the then National Security Adviser( to wit: criminal breach of trust and corruption) and you 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.
“That you Bello Abba Mohammed, BAM Projects and Properties Limited and Dr. Haliru Bello on or about 17th March 2015 in Abuja within the jurisdiction of this Honourable Court converted the sum of N300million which sum was transferred from the account of the Office of the National Security Adviser with the CBN purporting same to be for “Safe Houses” but which you claimed to have for political campaign and when you reasonably ought to have known that the said fund formed part of the proceeds of an unlawful activity of Col. Mohammed Sambo Dasuki(rtd), the then National Security Adviser( to wit: criminal breach of trust and corruption) and you 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.
“That you Bello Abba Mohammed and BAM Projects and Properties Limited on or about 17th March 2015 in Abuja within the jurisdiction of this Honourable Court did retain the sum of N300million on behalf of Dr. Haliru Bello and Col. Mohammed Sambo Dasuki (rtd), the former Chairman of PDP and National Security Adviser respectively by concealing the said sum in your account with Sterling Bank Plc when you knew the said Dr. Haliru Bello and Col. Mohammed Sambo Dasuki(rtd) to be engaged in a criminal conduct to wit: theft of public fund for a political activity and you thereby committed an offence contrary to Section 17(a) of the Money Laundering (Prohibition) Act 2011 as amended in 2012 and punishable under Section (17) (b) of the same Act.
“That you Bello Abba Mohammed, BAM Projects and Properties Limited and Dr. Haliru Bello on or about 17th March 2015 in Abuja within the jurisdiction of this Honourable Court did conspire to launder the sum of N300million which sum you claimed to have received for political campaign and when you reasonably ought to have known that the said fund formed part of the proceeds of an unlawful activity of Col. Mohammed Sambo Dasuki(rtd), the then National Security Adviser( to wit: criminal breach of trust and corruption) and you thereby committed an offence contrary to Section 18(a) of the Money Laundering (Prohibition) Act 2011 as amended in 2012 and punishable under Section (15) (3) of the same Act.”
Source : The Nation
