The Nigerian Supreme Court, on Friday, quashed the conviction of Senator Peter Nwaoboshi and his sentencing to seven years imprisonment for offences of fraud and money laundering.
The apex court also ordered the immediate release of Nwaoboshi, who represented Delta North in Nigeria’s upper legislative chamber, from Ikoyi prisons in Lagos where he is being held.
SaharaReporters had reported that the Lagos Division of the Court of Appeal on July 20, 2022, convicted and sentenced Senator Peter Nwaoboshi to seven years imprisonment for money laundering.
The appellate had in the judgment delivered by Hon. Justice Abdullahi Mahmud Bayero and affirmed by Justices Obande Festus Ogbujinya and Peter O. Affen, also ordered that the two companies of the Senator representing Delta North Senatorial District at the National Assembly be wound up.
The companies are Golden Touch Construction Project Ltd and Suiming Electrical Ltd, in line with the provisions of Section 22 of the Money Laundering Prohibition Act 2021.
The ruling followed an appeal to challenge the judgement of Justice Chukwujekwu Aneke of the Federal High Court, which on June 18, 2018, discharged and acquitted Nwaoboshi of two counts of fraud and money laundering.
“The EFCC had arraigned the three defendants over the acquisition of a property named Guinea House, Marine Road, Apapa, Lagos, for N805 million. Part of the money paid to the vendor, precisely a sum of N322 million, transferred by Suiming Electrical Ltd on behalf of Nwaoboshi and Golden Touch Construction Project Ltd, was alleged to be part of the proceeds of fraud.
“But in his judgement, Justice Aneke held that the prosecution failed to call vital witnesses and tender concrete evidence to prove the elements of the offences for which it charged the defendants.
“Justice Aneke said the evidence of PW2 ‘proved that the third defendant obtained a loan of N1.2 billion from Zenith Bank for purchase of additional equipment and as provision of working capital," the Economic and Financial Crimes Commission had said in a Twitter post.
It added, “However, ruling on the EFCC’s appeal on Friday, the Court of Appeal held that the trial judge erred in dismissing the charges against the respondents. It said the prosecution had proved the ingredients of the offence and consequently found the defendants guilty as charged.”
But delivering judgment in Appeal NO. CA/LAG/CR/988/2021 between the Federal Republic of Nigeria as Applicant and Peter Nwaoboshi, Golden Touch Construction Projects Ltd and SUIMING Electrical Limited as Respondents, Justice Bayero set aside the judgment of Justice Aneke in No. FHC/L/117C/2018.
The justices held in the judgment that the trial court ought not to have discharged and acquitted the Respondents.
The judgment partly read that "this is an Appeal against the judgment of the Federal High Court, Lagos Division delivered on 18th June, 2021 in which the lower Court discharged and acquitted the Respondents for the offences of Money Laundering and Conspiracy Contrary to Sections 15 (2)(d) and 18(a) of the Certified True Copy Money Laundering (Prohibition) Act, 2011.”
Consequently, the embattled Senator appealed against the judgment convicting him.
Delivering its judgment on Friday, the Supreme Court discharged and acquitted him.
In the split decision of four-to-one, the Supreme Court set aside the July 1, 2022 judgment of the Court of Appeal, Lagos, and subsequently freed the two companies – Golden Touch Construction Project Ltd and Suiming Electrical Ltd – tried with him on two counts brought against them by the Economic and Financial Crimes Commission (EFCC).
The court reversed their discharge and acquittal by a Federal High Court in Lagos.