Star Witness clears Jonathan’s cousin over $40m contract scam, says payment was duly approved

The Federal High Court in Abuja, presided over by Justice Nnamdi O. Dimgba, Monday, resumed the trial of cousin to former President Goodluck Jonathan, Mr. Azibaola Robert and his wife, Stella, with the star witness, Ibrahim Mahe, insisting that the US$40m payment for contract to the defendant was approved through due process.

Under cross examination by Azibola’s Lead Counsel, Gordy Uche (SAN), the former Permanent Secretary, Special Services Operations (SSO), at the Office of the NSA, told the trial court that OnePlus Holdings Limited, belonging to Azibaola, was paid $40m from $600m special security fund sourced from the Nigerian National Petroleum Corporation, adding that before the defendants’ firm was credited with the $40m, at least nine officials in the office of the NSA had endorsed the payment warrant.

Alhaji Mahe also disclosed that only the detained National Security Adviser (NSA), Col. Sambo Dasuki (retd), could explain why the defendants were awarded $40 million pipeline security contract since the actual reason for security contracts were usually disguised for security reasons, though there were challenges of Boko Haram and oil pipeline issues in the Niger Delta region at that time.

He also told the court that for same security reasons, security contracts were not advertised.

Recall that the defendants are facing a seven-count criminal charge bordering on, “Conspiracy to commit an illegal act to wit: the sum of $40m was transferred to the domiciliary account of One Plus Holdings Nigeria Limited with Zenith Bank, account No. 5070365750, from the account of ONSA with the Central Bank of Nigeria, upon a mandate Ref. No. 128/S.5LX/139, for the supply of Tactical Communication gadgets for Special Services”.

The defendants were, therefore, said to have committed an offence contrary to Section 8(a) of the Money Laundering( Prohibition) Act 2011 as amended in 2012, and punishable under Section 15(3) of the same Act.

Justice Dimgba had, in a ruling on June 8, granted the Azibaolas bail to the tune of N1 billion having been directed to deposit N500m each, with two sureties in the like sum.

Still under cross-examination by counsel to the defendants, Chief Gordy Uche (SAN), Alhaji Mahe said that he served only eleven months in ONSA, admitting that during his tenure there, other firms also got security contracts in excess of the $40m that was approved for Oneplus and some also got less.

Although he could not name the other firms he said had benefitted from the $600m special security fund from the NNPC but he also said that ONSA maintained Naira, Dollar and Euro security accounts, the first two of which were mostly used.

The retired permanent secretary further admitted that he was the one that affected the payment, saying that he disbursed funds to OnePlus Ltd based on the conviction that the firm’s security contract had met due process requirements.

He added that “ONSA was not in the habit of advertising security contracts, for security purposes. Certain security contracts could be given code names.

“I was never part of any bidding process for the procurement of security gadgets. My responsibility only entailed disbursing monies already approved for security contracts”.

Subsequently, Defendants’ lawyer, Uche (SAN), sought an adjournment to enable the defence team to study the additional evidence documents for better cross-examination of the 2nd prosecution witness, Mr Olabode Fanilola who had tendered a bank account statement from Zenith Bank Plc, Abuja.

Justice Dimgba adjourned further hearing on the matter to October 6, 7, 19and 20.