Justice Emeka Nwite of the Federal High Court in Abuja has set 16 October to rule on whether Halima Buba, Managing Director of SunTrust Bank, may cross-examine the EFCC’s witness on matters raised during his evidence-in-chief.
The judge postponed the proceedings after EFCC counsel, Rotimi Oyedepo, SAN, objected to a question posed by Buba’s lawyer, Johnson Usman, SAN, during cross-examination in the ongoing money laundering trial.
While questioning the first prosecution witness, Mr Sulieman Ciroma, owner of Funnacle BDC Ltd, the defence asked him to identify those who received United States dollars from Mrs Aisha Achimugu, Managing Director of Oceangate Engineering Oil and Gas Ltd.
Earlier, Usman asked Ciroma to confirm that Mr Hassan Dantani was the Managing Director and Chief Executive Officer of Ashrap Energy Oil Ltd, to which the witness agreed. Ciroma also confirmed that Dantani headed Ashrap BDC Ltd and that a man named Trimisi served as Director of Triple A and D BDC Ltd.
Oyedepo argued that the question was irrelevant to the facts before the court, stating that the charge focused solely on alleged cash transactions. He explained that although both entities contained the name “Ashrap,” Ashrap Energy Oil Services Ltd and Ashrap BDC Ltd were distinct legal entities.
He maintained that the case centred on transactions carried out by Ashrap Energy Oil Services Ltd, which allegedly exceeded the legal cash limit without going through financial institutions, contrary to the Money Laundering (Prohibition and Prevention) Act. He further clarified that the Act recognises financial institutions to include both commercial banks and registered Bureau de Change operators.
The EFCC counsel insisted that the defence’s question aimed to mislead the witness and introduce irrelevant facts not related to the charge.
In his reply, Usman dismissed Oyedepo’s objection, stressing that the defence had the right to cross-examine the witness on any issue linked to his earlier testimony. Citing Sections 223 and 215(2) of the Evidence Act, he noted that cross-examination need not be limited to the witness’s evidence-in-chief.
Usman reminded the court that Ciroma had previously stated that Dantani and Trimisi collected the foreign currency from Mrs Achimugu and credited her account with the naira equivalent. He argued that the prosecution’s objection sought to prevent the defendants from fully defending themselves and urged the court to allow the question.
Justice Nwite adjourned the matter until 16 and 17 October for ruling and continuation of trial.
Buba and her co-defendant, Innocent Mbagwu, Executive Director and Chief Compliance Officer of SunTrust Bank, are facing prosecution for allegedly laundering $12 million.