The Name Ebenezer Retnan Ventures was mentioned in Counts 1, 2, 3, 8, 9, 10 and 11 of the
Amended Charge Sheet and so it is important to determine its Status and the Nexus of this Venture to
the Defendant and further determine whether it needed to be joined as a Party and whether it could
own Property.
Learned Silk, representing the Defendant, contended that it was not an Offence for the Defendant to
operate a Bank Account in the name of Ebenezer Retnan Ventures, and it was immaterial that the
Plateau State Government also operated an Account in the same Bank. Further, he contended that
Ebenezer Retnan Ventures was an Unregistered Company, which could not have Ownership over
Property. He submitted further that there is nothing known to Law as an Unregistered Company as
Charged in Counts 2, 3, 8, 9, 10 and 11. In the light of that fact, the attribution of the ownership of
Ebenezer Retnan Ventures, a non-existent entity, to the Defendant, does not disclose any Offence, in
that an Unregistered Company cannot have Ownership.
The Prosecution, on the other hand, disputed the correctness of the opening of the Account stating
that there were so many irregularities in the Account Opening Documentation. PW3, a Member of the
Investigating Team stated that Wrong Account Opening Documentation were used, with wrong
information provided by the Account Officer as well as by the Defendant, in order to hide the Identity
of the Real Owner of the Account. According to Learned Silk, an Individual Current Account Form was
used to open an Account for Ebenezer Retnan Ventures, with the Date of Birth of the Account Holder
given as 27th July 1957. According to him, Ebenezer Retnan Ventures, as a Company, cannot have
either a Date of Birth or Nationality and cannot also be a Businessman or Self-Employed as stated in
the Account Opening Documentation, bearing a Fictitious Address on it. The Account was not opened
as a Private Banking Account, which, in any case, still requires the Identity of the Account Holder.
Further, under Cross-Examination, PW3 insisted that the Defendant had requested for a Waiver of the
Documents so that his Identity would not be revealed. The Investigative Team discovered that
Ebenezer Retnan Ventures was not in Existence, was not Registered with the Corporate Affairs
Commission and did not have a Physical Address. The investigation further revealed that the Real
Owner of the Account was the Defendant, who was the Governor of Plateau State, and his Address was
Government House and not Kilometer 87, as stated. Further, they discovered that various Cheques
had been written out in the name of AllStates Trust Bank Plc. paid into Ebenezer Retnan Ventures.
Those Cheques were raised from the Account of Plateau State Government in the name of AllStates
Trust Bank Plc. and were lodged and cleared into Ebenezer Retnan Ventures.
In the Reply on Points of Law, Learned Silk representing the Defendant submitted that the Charge had
alleged that Ebenezer Retnan Ventures is an Unregistered Company, for which the Prosecution was
expected to lead evidence consistent with the Charge. However, the Prosecution called PW1, whose
testimony was to the effect that Ebenezer Retnan Ventures was a Registered Company based on the
Response Letter from the Corporate Affairs Commission. According to Learned Silk, this testimony
rendered by PW1 was a material contradiction, in that the Corporate Affairs Commission does not
keep Records of Unregistered Companies, which contradiction, ought to be resolved in favour of the
Defendant.
Apart from that, Learned Silk, Agabi SAN argued that virtually all the Counts mentioned Ebenezer
Retnan Ventures as being the Channel through which the Defendant misappropriated the Sum of N1,
161, 162, 900, implying that this Venture received Proceeds of Crime.
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