Mohammed is, in the charge of nine counts, accused of “dishonestly receiving stolen property” and “voluntarily assisting in concealing money.” The charge replaced the earlier one of 121 counts in which Mohammed was charged with Atiku Bagudu, who is excluded from the fresh charge.
According to the new charge, Mohammed concealed 141,100,000 pounds sterling and $384,353,000 in cash and travellers cheques.
The charge, dated February 24, 2014 was filed by a private prosecutor, Daniel Enwelum, who is prosecuting the case on behalf of the Federal Government and upon a fiat dated February 18, 2014, issued to him by the Attorney General of the Federation.
Mohammed’s absence in court stalled his planned arraignment yesterday before Justice Mamman Kolo of the High Court of the Federal Capital Territory.
Enwelum told the court that even when Mohammed had been served with the charge, with evidence to that effect contained in a sworn affidavit by the court’s bailiff, the accused person refused to attend court for him to be arraigned.
He said the new charge, which excludes Bagudu, who was charged with Mohammed, was filed pursuant to Section 181 of the Criminal Procedure Code (CPC) as an amendment to the earlier charge.
Enwelum urged the court to accept the fresh charge and deemed the receipt of the charge by the defence lawyer, on behalf of the accused person, as proper service. He said the lawyer, Abdulllahi Haruna, promised to receive the charge for his client.
Haruna said Mohammed was absent in court because he was not aware of the new charge. He urged the court to adjourn the case to a further date to enable his client attend court.
Bagudu’s lawyer, Rickey Tarfa (SAN), urged the court to grant an order discharging his client in view of the prosecution’s decision to exclude him from the new charge.
Enwelum, in reaction to Tarfa’s application, argued that it was unnecessary for the court to made a specific order discharging Bagudu from the charge since the government has already excluded him from the amended charge.
Justice Kolo allowed the amended charge. He also granted an order discharging Bagudu from the charge and adjourned the hearing till April 29 for Mohammed’s arraignment.
In count one, Mohammed is alleged to have between August and December 1995 at Abuja, dishonestly received $36,480,000.00 made up of cash and travellers cheques, property of the Federal Government, believed to have been stolen.
Count two alleges that Mohammed, between August and December 1995 in Abuja, voluntarily assisted in concealing $57,960,000.00 believed to have been stolen from the Federal Government. Count three alleged that he, between October and December 1996 at Abuja, dishonestly received $26,913,500.00 believed to have been stolen from the Federal Government.
The prosecution alleges in count four that Mohammed, within the same time, voluntarily assisted in concealing $26,913,500.00 allegedly stolen from the Federal Government. Count five alleged that he, sometime in June 1997 at Abuja, dishonestly received $10,000,000.00 believed to have been stolen from the Federal Government.
He is, in count six, said to have, between February and December 1997 dishonestly received $87,000,000 and 41,143,000 pounds sterling believed to have been stolen from the Federal Government. Count seven accuses Mohammed of voluntarily assisting in concealing the amounts mentioned in count six.
In count eight, Mohammed is accused of dishonestly receiving, between January and August 1998, $167,000,000 and 99,957,000 pounds sterling, believed to have been stolen from the Federal Government. Count nine accuses him of voluntarily assisting in concealing the amount mentioned in count eight.
The alleged offences are punishable under sections 317 and 319 of the Penal Code.
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