When Osagie Ize-Iyamu, took up the responsibility as Edo State campaign director for the erstwhile president, GoodluckJonathan, in 2015, he never knew the mission would have negative implications on his person and political pursuit.
The campaign director, who later became the People’s Democratic Party (PDP) governorship candidate in the 2016 governorship election, had discharged his duty in mobilising electorate to vote for the former president during the 2015 presidential elections.
Three years after, instead of relishing on his exploits in helping the party win the presidential, national and state assembly elections in the state, he is now in court facing charges that border on alleged financial fraud and he could now face the distraction of a prolonged period of frequent court appearances.
In May 22, 2018, Osagie Ize-iyamu and four others were arraigned at the Federal High Court, Benin City by the Economic and Financial Crimes Commission (EFCC) over alleged N700 million laundering case.
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Others arraigned with him are Dan Orbih, the immediate past state chairman of PDP; Lucky Imasuen, former deputy governor in Edo state on the platform of PDP; Tony Aziegbemi, former, member, House of Representatives, now the current state chairman of PDP; and
Efe Erimuoghae Anthony.
At the formal arraignment, the accused all pleaded not guilty to the eight-count charges of conspiracy to commit money laundering to the tune of N700 million, an offence contrary to section 18 (a) of the Money Laundering (Prohibition) Act 2011 as amended which is punishable under section 15(3) of the same Act.
They were arraigned for allegedly receiving money from the former Minister of Petroleum Resources without any contract award prior to the 2015 general elections.
The defendants were alleged to have in March 2015 directly took possession of the sum of seven hundred million Belonging to government without any contract award which sum was allegedly part of proceeds of an unlawful act.
The EFCC also alleged that they took possession and control of the money without any contract award which they ought to have known formed part of an unlawful act.
The EFCC said the defendants and one Tony Anenih, now deceased, allegedly made a cash payment of N60,650,000 to one Henry Tenebe of the Estako West Local Government Area and N61,647,000 to one Momoh Andrew Ojo of the AkokoEdo Local Government Area “without going through a financial institution.”
In counts five and six, they were alleged to have made cash payments of N83,473,000 and N125,993,000 to one Deacon Ezekiel Egharevba and one Thomas Aroko respectively, without going through a financial institution.
The case which was first filed at Court 1, Federal High Court Benin City before Justice P. I. Ajoku, has been reassigned to Justice Muhammed G. Umar; due to transfer of the Judge, the trial was stalled.
Since the arraignment till date, the case has taken over 760 days.
REMANDED IN BENIN PRISON
One of the ways the arraignment had on Osagie Ize-iyamu his political ambition as the governorship candidate of the All Progressives Congress (APC) was that the court remanded him along with others accused, at Benin prison.
On May 24, 2018, the Federal High Court remanded Osagie Ize-Iyamu; Dan Orbih, the state Chairman of the PDP; Tony Aziegbemi, former member House of Representatives, and now the state chairman of PDP; Lucky Imasuen, former deputy governor in the state and a chieftain of APC and one EfeAnthony in the prison custody pending when they meet their bail conditions.
Justice P. I. Ajoku who admitted the accused to bail in the sum of N10m each with two sureties in like sum, however, adjourned the case till July 4 for the commencement of trial but said the defendants should be remanded in the prison custody until they meet the bail conditions.
The judge said the sureties must be public servants not below Level 16, adding that they must be owners of landed properties in Edo, with Certificates of Occupancy and they must be ready to deposit in the court’s custody till the conclusion of the case.
After spending few days in the prison custody, Ize-Iyamu and others accused regained freedom having met their various bail conditions.
Though they declined to speak on their experiences in prison custody, but the State Publicity Secretary of PDP, Chris Nehikhare announced the return of the party leaders in a statement titled: “Our Leaders are Back Home.”
According to him, In law, an accused is presumed innocent except convicted. For us, our leaders are innocent of the charges and they look forward to their time in court.
THE RE-ARRAIGNMENT OF THE ACCUSED
The accused were however, arraigned on February 13, 2020 before Justice Garba . M. Umar, due to the transfer of the presiding judge, Justice P. I. Ajoku.
A staff at the court who disclosed this said the court case could not go on because the judge who handled the matter earlier was transferred, and now, a new judge, Justice M. G. Umar, has taken over the case, which would come on the stated date.
LEGAL EFFORTS TO FRUSTRATE TRIAL
At the court proceedings on March 2, 2020, the plea of the accused was not taken as their counsel raised objections to the EFCC charges bordering on the inclusion of late Anthony Anenih as among the accused.
The objection was sequel to EFCC counsel Larry Aso Peters notification of the court the prosecution’s readiness to proceed with the case and so prayed the court to order the defendants to take their plea.
However, counsel to the first defendant, Kingsley Obamogie told the court that there were flaws in the charges brought against his client and that he had filed a motion challenging the charges.
Obamogie, also told the court that Anthony Anenih was dead and that the prosecution has not amended the charges to reflect that.
Canvassing the same argument counsel to the five defendants led by Ferdinand Orbih (SAN), after adopting their written addresses urged the court to strike out the charges against the defendants on the grounds that they were incompetent.
Ferdinand Orbih contended that the Economic and Financial Crimes Commission (EFCC) should have amended their charges against the defendants by removing Late Tony Anenih’s name from the charges rather than saying the late politician was irrelevant to the substance of the case.
The prosecution counsel, Larry Peters, however, raised objections to their submissions as he said that the process filed was “very competent” and adhered to laid down procedures.
He further argued that mentioning Anthony Anenih’s name in the charge was to situate the matter and to show the date the alleged offence was committed, adding that the defendants have earlier taken their plea on the matter before the judge was transferred.
He therefore urged the court to discard the submissions of the defence team, describing their positions as “a ploy to prevent their clients from taken their plea”.
Justice Umar, after listening to the prosecution and defensecounsel, adjourned the matter till March 26, 2020 for ruling.
But when the adjourned date of March 26, 2020, for the re-arraignment of the accused came, the absence of defendants however, frustrated the re-arraignment again as they travelled out of the country.
When the case came up , the EFCC urged the court to grant it a short adjournment to enable it to bring the defendants before the court.
On his part, the defence counsel, Ferdinand Orbih (SAN), explained that his clients were outside the country but would return next Tuesday to face their trial.
Orbih said, “I have his (Ize-Iyamu) instruction that he will be back to answer to the charges. He is ready and willing to defend himself.
“His absence is not borne out of disrespect for the court. He was not formally informed about the arraignment. He only heard about it and he instructed me to appear for him”,he said.
The case was, however, again, adjourned till June 11, 2020 for arraignment.
COURT VALIDATION OF N700 MILLION CORRUPTION CHARGES AGAINST IZE-IYAMU, FOUR OTHERS
After parties adopted their written addressess on the defendants’ claim that the charges against them were incompetent having included late Tony Anenih as a principal actor in the alleged illegal transaction, the court on July 18, ruled on the competence of the charges the EFCC brought against the defendants.
The presiding Judge, Justice M. G. Umar ruled that the charges filed by the Commission against the Defendants were not defective.
Speaking after the ruling, counsel to the first defendant, Charles Edosomwan (SAN), told the court that he has filed a motion challenging the jurisdiction of the court.
“In spite of the ruling, we have a motion dated June 1, 2020, challenging the jurisdiction of this honourable court to entertain proceedings,” he said. The same position was canvassed by counsel to the other defendants.
However, the prosecution counsel, Francis Jibro told the court that based on the ruling of the court which found the charges not defective, the next thing was for the defendants to take their pleas.
Ferdinand Orbih (SAN) counsel to Dan Orbih said he was not challenging the ruling of the court but the jurisdiction of the Federal High Court to hear the matter.
Consequently, the trial judge, Justice M.G. Umar adjourned the case till July 2.
With the ruling the coast is now clear for the commencement of trial of the accused.
Speaking on the implication of the trial, Charity Aiguobarueghian, Edo State Chairman, Law Reform Commission, averred that the charges against an aspirant of a party is not enough to disqualify him from contesting election.
Aiguobarueghian, opined that upon conviction, that is when the person has been found guilty and he will not be able to contest for any position.
“The law presume him as innocent until proven otherwise. In other words, until judgement is given.
“So, until a decision is given nobody is disqualified to contest an election just because there is a charge against him”,he stated
