The Economic and Financial Crimes Commission, on Friday, arraigned four men and three firms in the Federal High Court in Abuja on a two-count charge of unlawful possession of smelted gold worth over N1bn and €112,800 cash (about N45, 007, 200).
The defendants are, Abba Yahaya, Ali Abdullahi, Aminu Adam, Aliyu Mohammed and their companies – Indo Nigeria Mining Co. Ltd, A.A Mai Zinari Ltd, and Al-Izzat Trading and Investments Ltd.
According to EFCC, the prime suspect, Yahaya was arrested at the Nnamdi Azikiwe International Airport in Abuja while he was on board an Ethiopian Airline flight to Dubai.
He allegedly under-declared the cash with him by declaring $26,000 in the customs form instead of the actual €112,800 that was in his possession.
He was also said to have declared that he had gold on him but failed to disclose its weight and market value.
Although the incident occurred on August 2018, the EFCC, through its counsel, Mr. Mohammed Abubakar, filed the amended charges against the defendants on July 6, 2019.
The act, EFCC said, is an offence contrary to section 18(b) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under section 2(5) of the same Act.
The rest of the defendants were accused in the second count, of being in possession of the smelted gold weighing about 73,032 grams with a market value of the sum of N1, 127,308,460.40 “without a valid permit”.
The act, according to the EFCC, constitutes an offence contrary to section 131(d) of the Nigerian Minerals and Mining Act, 2007 and punishable under section 131 of the same Act.
The name of the supposed 3rd defendant, Sino Minmetals Company Limited was struck off the charges earlier on Friday, after counsel for the EFCC indicated to the judge that the company had ceased to have any relationship with the 8th defendant, Aliyu Mohammad, as its director, as far back as August 2016, about two years after the alleged offences were committed.
Only Yahaya (the 1st defendant) and Abdullahi (the 2nd) are involved in the first count which borders on the €112,800 cash sum, to which they both pleaded guilty.
Abdullahi is not involved in the second count which has to do with the smelted gold.
But the other defendants, comprising, Yahaya, Adam (7th defendant), Aliyu Mohammed (8th), Indo Nigeria Mining Co. Ltd, (3rd), A. A. Mai Zinari Ltd (5th) and Al-Izzat Trading and Investment Ltd (6th) also pleaded guilty to the second count bordering on the illegal possession of the gold.
The two-count amended charge reads: “That you Abba Ali Yahaya and Ali Abdullahi on or about the 10th August, 2018 within the jurisdiction of this honourable court did attempt to transport the cash sum of €112,800 (one hundred and twelve thousand, eight hundred Euros) without making a declaration of the some to the Nigeria Custom Service as required by Section 12 of the Foreign Exchange (Monitoring and Miscellaneous Provisions) Act, Cap F34, LFN 2004 and you thereby committed on offence contrary to Section 18(b) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under section 2(5) of the some Act.
“That you Abba Ali Yahaya, Aminu Mahmud Adam, Aliyu Mohammed, Indo Nigeria Mining Company Limited, A. A. Mai Zinari Ltd and Al-Izzat Trading and Investment Ltd on or about the 10th of August 2018 within the jurisdiction of this honourable court did possess smelted gold, weighing about 73,032 grams with a market value of the sum of N1,127,308,460.40 (One Billion, One Hundred and Twenty Seven Million, Three Hundred and Eight Thousand, Four Hundred and Sixty Naira; Forty Kobo) without a valid permit in that behalf and you thereby committed an offence contrary to Section 131(d) of the Nigerian Minerals and Mining Act, 2007 and punishable under Section 133 of the some Act.”
Justice Nkeonye Maha fixed 2:30pm Friday for review of facts and possibly judgment on the plea bargain agreement the defendants had reached with the EFCC
