the Defendant. The payment on the Cheques was stopped because the Bank refused to clear them. The
Cheques were seized and the cash of £11, 995 recovered from Regent Plaza was paid into the
Metropolitan Police Account. Also seized was the sum of £11, 560.
Mr. Clark testified that in the Proceeds Of Crime Act, United Kingdom Legislation, there was Provision,
permitting investigations to decipher the Origin of Suspicious Money and in this case, Mr. Mekwunye
revealed the Source to be the Defendant.
When questioned whether Exhibit V12, a Bank Draft of £100, 000had anything to show that it
emanated from the Defendant, he replied that he had enquired from the Bank, who told him that the
Defendant had ordered for it. He explained that Customers, who requested for a Draft, would sign a
Request Form and Exhibits V10-V11, were the Request Forms used for Exhibit V12.This Draft of
£100, 000was ordered to debit the Defendant’s Account, but he could not tell which of the Two
Forms were used. He denied knowing if the Draft emanated from the Account that was opened by the
Defendant in 1995, stating that there was little activity on the Account until May 1999, when the
Account took off.
In conclusion Mr. Peter Clark stated that based on the Order of the Attorney General of the Federation,
the Property in Flat 28 Regent Plaza was sold off, and he explained that the non-conviction of the
Defendant in the UK Courts was as a result of the fact that the Defendant jumped bail.
No further questions were asked and there was no Re-Examination.
After his testimony, the Prosecution Amended the Charge and the Defendant’s Plea was Retaken,
wherein he pleaded Not Guilty to all the Counts in the Charge.
The Nigerian Investigations started with PW1, Detective Musa Sunday, who, after being cautioned
on Section 206 of the Evidence Act 2011 (As Amended), testified on Oath initially describing his
Schedule of Duties at the Economic and Financial Crimes Commission (hereinafter referred to as the
EFCC) and stated that sometime in September 2004, there was a Mutual Legal Assistance Treaty
Request from the London Metropolitan Police which was directed to the Office of the Attorney
General of the Federation. The Lead Investigating Officer in the United Kingdom is Mr. Peter Clark,
who conducted the investigation into the Foreign Transfer of Funds to the United Kingdom. From
their investigation, the Team discovered that the Defendant was arrested by the Metropolitan Police
in the United Kingdom, investigated, released on bail, where he jumped the bail and came back to
Nigeria.
Their request was for the assistance of the Nigerian Government to investigate and interview some
Parties and Companies involving the Defendant. Upon receipt of this Request, the Office of the
Attorney General of the Federation, on a Covering Letter, forwarded the Request to the Chairman of
the EFCC for investigation. Both the Petitions from the Attorney General of the Federation and the
Metropolitan Police in London were referred to his Team for investigation.
The Mutual Legal Assistance Treaty Request from the British Government together with the Attorney
General’s Letter to the Chairman of the EFCC was admitted into evidence without Objection as Exhibit
P1. From the Mutual Legal Assistance Request by the Metropolitan Police in the United Kingdom, it
was stated that Money was moved from Ebenezer Retnan Ventures’ Account to the National
Westminster (NatWest) Bank in the United Kingdom and some of the evidence they gathered here in
Nigeria, were sent to the United Kingdom.
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