Justice Emeka Nwite of the Federal High Court, Abuja, has scheduled October 16 for ruling on whether the Managing Director of SunTrust Bank, Halima Buba, can cross-examine the Economic and Financial Crimes Commission’s (EFCC) witness on issues raised during his evidence-in-chief.
The adjournment followed an objection raised by EFCC counsel, Rotimi Oyedepo (SAN), against a question posed to the witness by Buba’s lawyer, Johnson Usman (SAN), during the cross-examination of the first prosecution witness, Mr. Suleiman Ciroma, owner of Funnacle BDC Ltd.
Usman had asked Ciroma to identify the individuals who collected US dollars from Mrs. Aisha Achimugu, Managing Director of Oceangate Engineering Oil and Gas Ltd. The witness had earlier confirmed that Mr. Hassan Dantani is the MD/CEO of Ashrap Energy Oil Ltd and also heads Ashrap BDC Ltd.
However, Oyedepo objected, arguing that the question was irrelevant to the facts in issue, as the case before the court involved Ashrap Energy Oil Services Ltd—not Ashrap BDC Ltd. He maintained that introducing new entities could mislead the witness and confuse the facts before the court.
“The case of the prosecution, as contained in the charge, focuses on transactions conducted by Ashrap Energy and Oil Services Ltd. These transactions exceeded the legal cash threshold and were conducted outside financial institutions,” Oyedepo said, citing sections of the Money Laundering Prohibition and Prevention Act.
In his response, Usman countered that the defence had the right to explore any relevant fact in cross-examination, stressing that the prosecution could not limit the defence’s strategy. He cited Sections 215(2) and 223 of the Evidence Act to support his argument that cross-examination need not be confined to what was covered in the examination-in-chief.
“My lord, the effect of my learned brother’s argument is that the defendants should submit to his charge and not defend themselves,” Usman argued. “The defendants, having pleaded not guilty, have denied liability 100 percent.”
He further reminded the court that Ciroma had already testified that Dantani and Trimisi collected the dollars from Mrs. Achimugu, converted them to naira, and credited her account. “We are only referring to what the witness said earlier, as can be confirmed in the record of proceedings,” Usman added.
Justice Nwite, after hearing both sides, adjourned the matter until October 16 and 17 for ruling and continuation of trial.
Buba and her co-defendant, Innocent Mbagwu, who serves as Executive Director and Chief Compliance Officer of SunTrust Bank, are facing charges of money laundering involving $12 million.
What you should know
Halima Buba, the Managing Director of SunTrust Bank, and her co-defendant, Innocent Mbagwu, are accused of laundering $12 million.
The court’s October 16 ruling will determine whether Buba’s legal team can question the EFCC’s witness further on his earlier testimony—an issue central to the defence’s strategy.
