The Federal High Court, Abuja has fixed Dec. 13 to rule on the no-case-submission filed by Shamsudeen Mohammed, son of Bala Mohammed, a former Minister of the FCT over an alleged N1.2bn fraud.
Mohammed the son of immediate past minister of FCT is facing a 15-count charge preferred against him by the Economic and Financial Crimes Commission (EFCC) on allegations of conspiracy, money laundering and forgery.
His father , Bala Mohammed the incumbent governor of Bauchi State has also a pending charge before the Court . Both were facing trial before the charges were separated as the father gained immunity upon his election.
At the resumed hearing on Monday, counsel adopted their written addresses as their final arguments in the case.
Counsel to Mohammed, Chief Chris Uche, (SAN) prayed the court to uphold the no-case-submission on the grounds that the prosecution had failed to establish a prima facie case against his client.
Uche told the court that his team had categorised the charges against his client into alleged conspiracy, cash transactions and forgery.
According to him, the prosecution has failed to place any evidence before the court to prove any of these allegations.
“On the allegation that the first defendant (Mohammed) bought property with cash above the stipulated financial threshold, there is no single evidence to back this claim.
” All the persons to whom the cash transactions were made, not one of them was called as a witness to say that the first defendant gave them cash.
” On the allegation of forgery, not a single original document was brought to court for the court to compare and conclude that there was a case of forgery.”
Uche argued that the entire case was one of transfered aggression adding that it was based on a cocktail of speculations.
Counsel to the 3rd, 4th and 5th defendants also told the court that they had filed no-case-submission and prayed the court to discountenance the charges against their clients who are all companies.
Responding, the prosecuting counsel, Mr Wahab Shittu told the court that he had filed an 84 paged response challenging the no-case-submission.
Shittu told the court that the prosecution had provided enough evidence as exhibits to show that Mohammed indeed made cash transactions above the required financial threshold.
He said some of the exhibits were receipts obtained from those who received the cash payment.
“My lord, we are not talking about the transactions made through the bank, it is the the N80 million, N110 million and N219 million cash payment we are interested in.
“From the confessional extra-judicial statement of the defendant, he admitted that he brought the cash himself of N80 million.”
The lawyer prayed the court to hold that Mohammed had a case to answer and that he should enter his defence.
After the prosecution closed its case, Mohammed, rather than open his defence, told the court that he had no case to answer in the 15-count charge.
Mohammed told the court that the evidence of the prosecution against him was insufficient to prove the allegations against him.
Mohammed is facing trial alongside four firms; Bird Trust Agro Allied Ltd, Intertrans Global Logistics Ltd, Diakin Telecommunications Ltd and Bal-Vac Mining Ltd.
The EFCC alleged that the four companies were used to launder money
The anti-graft agency alleged that Mohammed resorted to acquisition of houses within high brow areas in Abuja which he paid for in cash, to conceal stolen funds at his disposal.
Some of the assets included five plots of land at Asokoro Gardens; House FS 2 B, Green Acre Estate Apo-Dutse, Abuja; House FS 1A, Green Acre Estate, Apo-Dutse; FS 1B, Green Acre Estate, Apo-Dutse, Abuja and House 2A, No. 7, Gana Street, Maitama, Abuja.