The Federal High Court in Abuja has fixed 16 October for ruling on whether the Managing Director of SunTrust Bank, Mrs. Halima Buba, can cross-examine a prosecution witness from the Economic and Financial Crimes Commission (EFCC) in an ongoing $12 million money-laundering case.

Justice Emeka Nwite adjourned proceedings on Monday following an objection raised by EFCC counsel, Mr. Rotimi Oyedepo, SAN, against a question directed to the witness by Mr. Johnson Usman, SAN, who is representing Mrs. Buba.

During cross-examination, Usman asked the first prosecution witness, Mr. Suleiman Ciroma, owner of Funnacle BDC Ltd, to confirm the names of those who collected dollars from Mrs. Aisha Achimugu, Managing Director of Oceangate Engineering Oil and Gas Ltd.

Earlier, the defence counsel had asked Ciroma to confirm that Mr Hassan Dantani is the Managing Director and Chief Executive Officer of Ashrap Energy Oil Ltd, which the witness affirmed.

He also confirmed that Dantani is the Managing Director and Chief Executive Officer of Ashrap BDC Ltd.

Usman then asked the witness to confirm that Mr. Trimisi Mohammed Usman, earlier mentioned in his evidence-in-chief, is a director of Triple A and D Nigeria Ltd — a point Ciroma also affirmed.
The witness further confirmed that Trimisi is a director of Triple A and D BDC Ltd.

The defence counsel subsequently asked Ciroma to confirm that Dantani of Ashrap BDC and Trimisi of Triple A and D BDC collected the US dollars in the transaction from Mrs. Achimugu. At that point, Oyedepo objected, arguing that the question was irrelevant to the facts in issue before the court.

According to Oyedepo, the charge before the court concerns transactions conducted by Ashrap Energy and Oil Services Ltd, not Ashrap BDC Ltd, and therefore introducing a new entity was immaterial to the case.
He submitted that, although both companies share the name “Ashrap”, they are distinct legal entities.

“The prosecution’s case, as contained in the charge, involves transactions carried out by Ashrap Energy and Oil Services Ltd that exceeded the legal cash threshold without being routed through financial institutions,” Oyedepo said.
He cited Sections 2(1), 19(1)(d), and 21(a) of the Money Laundering (Prevention and Prohibition) Act, 2022, to support his argument.

Oyedepo further maintained that the question sought to mislead the witness and introduce facts not in contention between the parties.

However, Usman strongly opposed the objection, arguing that the defendants were entitled to a full and fair defence.
He contended that the objection was an attempt to restrict cross-examination and prevent the defence from challenging the prosecution’s case.

“My Lord, the effect of my learned friend’s argument is that the defendants must confine themselves to the EFCC’s charge and cannot lead evidence in their own defence,” Usman said.
“The defendants, having pleaded not guilty, have shifted the burden of proof entirely to the prosecution.”

Citing Sections 215(2) and 223 of the Evidence Act, Usman argued that while cross-examination must relate to relevant facts, it is not limited to the witness’s testimony during examination-in-chief.
He reminded the court that Ciroma had earlier mentioned in his testimony that Dantani and Trimisi collected the US dollars from Mrs Achimugu and credited her naira account.

“We are only referring him to what he had already said in court,” Usman added.
He urged the judge to dismiss the EFCC’s objection, insisting it was an attempt to “muzzle the defence from defending itself”.

Justice Nwite adjourned the matter until 16 and 17 October for ruling and continuation of trial.

Mrs. Buba and her co-defendant, Mr. Innocent Mbagwu, Executive Director and Chief Compliance Officer of SunTrust Bank, are facing a six-count charge of money laundering to the tune of $12 million.

They are accused of facilitating large cash transactions without passing them through financial institutions, in violation of Sections 2(1), 9(1)(d), and 21(a) of the Money Laundering (Prevention and Prohibition) Act, 2022, punishable under Section 19(2)(b).

The defendants, who were arraigned by the EFCC on 13 June, pleaded not guilty and were each granted ₦100 million bail with one surety in like sum.