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September 27, 2005

$242m Scam: Trial Adjourned for Security Reasons

An Ikeja High Court, presided over by Justice Olubunmi Oyewole, yesterday adjourned continuation of trial till 12 noon today, after five hours of exhaustive examination of Mr. Naresh Asnani, a key prosecution witness in an advance fee fraud scam involving two Nigerians who allegedly obtained a sum of $242million from a Brazilian bank, Banco Noroeste over a period of three years (1995-1998).

By Abimbola Akosile, 09.26.2005

Above adjournment, which the judge ordered at 5.10pm, was granted after a defence counsel expressed concern over safety of his client should the matter be allowed to proceed further.
Accused persons include Chief Emmanuel Nwude (a.k.a Paul Ogwuma Odinigwe) 1st accused, Mr. Nzeribe Edeh Okoli (3rd accused), Emrus (Nig.) Ltd., Ocean Marketing Co. (Nig.) Ltd. and African Shelter Bureau (Nig.) Ltd. (5th-7th accused). However, both Amaka Anajemba (Mrs.) and Fynbaz (Nig.) Limited (2nd & 4th accused respectively), who were initially charged along with above suspects, pleaded guilty to a fresh four-count charge on July 15, and were subsequently sentenced to prison terms and fines, and their names deleted from an amended information filed by the prosecutor, Economic and Financial Crimes Commission (EFCC).
Meanwhile, in continuation from where the matter ended on Friday, September 23, Asnani, who earlier revealed that he left Nigeria in December 2002, after which he was convicted and detained in Switzerland for 18 months on money laundering charges, told Court how his wife Payal and his mother Ishwari Asnani, only signed the bank account opening statement to the Uco Bank, Hong Kong account, which was the first used to launder the scam proceeds in 1995.
In a marathon evidence-in-chief session, which began around 12.00 noon, the lead prosecution counsel, Mr. Rotimi Jacobs, led Asnani, albeit punctuated by regular objections from defence counsel, through a rigorous examination process, wherein the witness outlined the different procedures and processes undertaken by him to launder the money (a total of $127miilion) through different accounts in Hong Kong, Switzerland, and Nigeria.
He also spoke about his conviction in Switzerland, where he was initially tried after being extradited from Miami, USA, in 2002.

When asked about his records of the money laundered, Asnani replied that most of the documents had been thrown away by his staff, both in Hong Kong and Nigeria, after his arrest. "Originals of the bank debit and credit advices and statements were stored in my offices in Royal Crest, Lagos, Nigeria, and Sherina Limited, Hong Kong. They were thrown away by my staff after my arrest and detention".
"I was judged and convicted by a Swiss court in Geneva for the funds I received by order of Stanton Development Company and for laundering the funds that I received on instructions of Chief Emmanuel (Nwude) in my accounts in Switzerland. I was not convicted for the approximately $6m that I received in my Hong Kong account at Uco Bank. This judgment only relates to the approximately $122million that I received in my accounts in Switzerland. The judgment was given in French in the court at Geneva and communicated to me by an interpreter in English".
Although defence counsel, led by Mr. Olisa Agbakoba, SAN, and Mr. Adeshina Ogunlana among others, raised objections as to the new documents being tendered and the admissibility of the Swiss Court judgment, Justice Oyewole overruled their objections on the grounds that the documents were relevant, and gave Ogunlana a 15-minute stand-down to enable him go through the new evidence. Matter continues today, with further examination of Asnani by Jacobs.
First arraigned in Abuja on February 4th, 2004, accused persons, were alleged to have defrauded a Brazilian banker, Mr. Nelson Sakaguchi of a sum of $242million over a three-year period, from April 2, 1995 to January 20, 1998 at Opebi, Ikeja, Lagos State, contrary to Sections 1(1)(a) and (3) of the Advance Fee Fraud Act of 1995 as amended by Act 62 of 1998.
Obtained amount was said to represent payment due to the Federal Government on the alleged contract No. FMA/132/019/82 for the construction of Abuja International Airport, Nigeria. Penalties for each of the counts range between seven and ten years. The accused persons are facing an amended 91 count charge.

Posted by Publisher at September 27, 2005 11:19 AM

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