Ex-NNPC GMD, Yakubu Remanded in Kuje Prison

A Federal High Court in Abuja yesterday remanded former Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Mr. Andrew Yakubu, who was accused of stashing over N3billion in his house in Kaduna, in Kuje Prison.

The trial judge, Justice Ahmad Mohammed remanded him in prison pending the time the court will rule on his bail application.

The Economic and Financial Crimes Commission (EFCC) yesterday arraigned him on a six-count money laundering charge. He pleaded not guilty to the offences.

Yakubu, who was GMD of the NNPC between 2012 and 2014, will remain in prison till March 21, a date the court fixed to rule on his bail application.

In ordering that he be remanded in prison, the judge rejected plea by Yakubu’s lawyer, Mr. Ahmed Raji (SAN), to rather remand his client in EFCC custody.

“Raji, when somebody’s plea is taken, the prosecution no longer has control over such defendant who has become a property of the court.

“It will be a negation of the Administration of Criminal Justice Act to allow the prosecution to still retain the defendant in its custody. God willing, the ruling will be delivered on the next adjourned date,” the judge ruled.

Raji had earlier prayed the court to grant his client bail either on self-recognisance or on very liberal terms.

According to him, sections 158 to 165 of the Administration of Criminal Justice Act (ACJA), 2015, provide for granting bail to a defendant unless he is charged with a capital offence.

He argued that counts one and two of the charge attracted maximum of five years imprisonment upon conviction, while count three and four stipulated that 25 per cent of the alleged loot be forfeited to the federal government while the last two counts could only attract 10 years jail term.

“My lord the burden to prove that an accused or defendant is not entitled to bail in non-capital offences, as in this one, is on the prosecution.

“In all the counter affidavits, they have not placed anything before this court to discharge that burden.

“The defendant is a responsible Nigerian who has no criminal record and has served his father land very well. I submit that the prosecution has not justified why he should be denied bail.

“I urge my lord to give the defendant bail on liberal terms, if not on self-recognisance,” Raji submitted.

He said Yakubu was ready to face his trial, adding that he had options of not returning to the country. “He had a long visa, but he came back,” he said.

However, EFCC opposed Yakubu’s bail request, even as it urged the trial judge to exercise his discretion in the overall interest of justice.

“My lord you are entirely in control of the scale of justice and the nation is entitled to justice.

“If the court is mindful of granting their request for bail, we ask that the court give stringent conditions that will compel the defendant to attend his trial.

“We vehemently oppose his prayer to be released on self-recognisance,” EFCC lawyer, Mr. Ben Ikani, submitted.

He noted that though Yakubu claimed he has health challenges, he however failed to adduce any medical report indicating that he has any chronic ailment.

“Yes, his health is important, we agree. The issue is that EFCC is a 21st century law enforcement agency. Since he has been in custody, we have constantly monitored his health. EFCC takes good care of people in its custody not to talk of a former GMD of the NNPC. We have adequate facility to take care of him.

“We concede that he submitted himself voluntarily. But the issue that is of concern to us is his prayer that his international passport be temporarily released to him. We oppose that application in its entirety,” the prosecution added.

Acting on a tip-off, EFCC, raided Yakubu’s guest house situated at Sabon Tasha, Kaduna State, where it recovered foreign currencies.

The anti-agency said it discovered the sum of $9.7million and £74,000 that Yakubu hid in a fireproof safe inside the house.

The defendant earlier asked the high court to order the commission to return the seized money to him, insisting it was part of monetary gifts he received on various occasions.

FG had in the charge marked FHC/Abj/ CR/ 43/ 2017, alleged that Yakubu failed to declare the money in the assets form he filed at the EFCC on August 18, 2015, and thereby committed an offence contrary to section 27(3) (a) of the EFCC (Establishment) Act 2004 and punishable under section 27(3) (c) of the same Act.