Godwin Tsa, Abuja
Following his inability to fulfill the conditions attached to his bail, a Briton, James Nolan, on Wednesday applied for a variation of the bail terms at the Abuja division of the Federal High Court.
Nolan was on October 21, arraigned by the Economic and Financial Crimes Commission (EFCC) alongside Adam Quinn (also a British citizen, now at large) over their alleged complicity in the 9.6 billion dollars judgment against Nigeria.
Related: P&ID Gas supply scam: Court admits Briton, Nolan to N500m bail
Process and Industrial Development (P&ID), an Irish engineering company, had secured the award against Nigeria following the non-execution of a 20-year Gas and Supply Processing Agreement (GSPA) the company had with the Federal Government.
The arraignment of the two British nationals is coming weeks after two P&ID directors were convicted over the deal.
The defendants, both directors of Goidel Resources Limited, a Designated Non-Financial Institution (DNFI), and ICIL Limited, were arraigned on a 16-count charge bordering on money laundering.
At the resumed trial on Wednesday, counsel to the defendant, Paul Erokoro, SAN, prayed the court to favourably grant their application for bail variation.
The lawyer also told the court that he was not prepared for the commencement of trial due to the inability to have adequate access to his client.
The EFCC, through its lawyer, had informed the court that he was ready to commence the trial earlier slated for today.
The court ruled on Wednesday that the defendant, who is yet to meet the conditions of bail granted him last month, has been given enough time to prepare for his defense.
Meantime, Justice Abang said that commencement of trial of defendant cannot be adjourned based on oral application that he had filed an application for the variation of bail condition.
Justice Abang ordered the Correctional Centres to grant access to the defendant’s counsel Erokoro to visit the defendant in custody and to be briefed by defendant.
Testifying on the matter, the first prosecution witness, Adewale Akinseye, an account officer with GTB Bank, Abuja said that Nolan’s two companies, namely Goidel Ltd and and ICIL Ltd, operate six separate accounts with the bank.
Lead in evidence by prosecution counsel Ekele Iheanacho, the witness said both companies were registered with Corporate Affairs Commission but he was not sure whether the operator of the companies provided evidence of Special Control Against Money laundering (SCUAML) at the time the company was opened.
Adewale said that the bank received a request in August from the EFCC to provide account documents in respect of the companies . The commercial banking team retrieved the documents and forwarded them to the EFCC.
He said the documents were signed by Idris Giwa and Bentley Ojo who are the bank compliance officers.
The court admitted as exhibits the companies opening bank accounts and the EFCC letter to GTB dated September 26, in respect of the investigation activities.
The witness said that James Nolan and Isaac Ebubuotu were signatures to both accounts and either of them can sign.
According to the bank statement on Account Number 0154696733, a curious transaction took place on February 1, 2019, reflecting a $127,000 credit.
On May 2, 2019, $47,975 payment from Industrial Consultant International, and on February 13, 2018 transaction of $120,000.
On Account number 01728629, a sum of N50 million was transferred on December 15 , 2015 from Box Design to Goidel Ltd.
On November 6, 2016, the sum of N6 million was transferd into the account, and on May 6. 2016, a sum of N11 million from Lurgi Consult Ltd to Goidel Ltd.
The witness also read out the following transactions Feb 1, 2018:
The sum of N10 million from Eclate factorial Ltd to Goidel Ltd;
On Account Number 0024024414, a sum of $350,000 was credited to it, on September 1, 2014 from Basale Enterprises and on September 3, 2014, a sum of $80,000 was paid to Ahmed Usman;
On September 4 ,2014, the sum of $40,000 was paid to Neil and Elizabeth, and on September 8, the sum of $700 dollars to Ahmed Usman.
Under cross examination by the defendant’s lawyer Paul Erokoro, the witness said that Goidel’s account was open on May 20, 2014, while the ICIL account was opened November 2006.
He said the companies operate corporate accounts and met the requirements for operating the accounts.
Justice Okon Abang had admitted Nolan, who is standing trial in the controversial national agas supply contract involving (P&ID) that led to a $9.6 billion judgement liability against Nigeria, to bail in the sum of N500 million and a surety in likesum.
The judge ordered the Briton, who was charged alongside his compatriot, Adam Quinn (at large), to produce a serving Senator to stand surety for him in the same bail sum.
In addition, the court said the Senator must be someone that does not have a criminal case that is pending in any court in the country and must have a landed property that is fully developed in the Maitama District of Abuja.
Justice Abang stressed that an officer of the court will verify the statutory Certificate of Occupancy of the property as issued by the Federal Capital Territory Administration.
He further held that the proposed surety must submit three years tax clearance certificate and sign an undertaking to always be present in court with the defendant throughout the duration of the trial.
The surety is to depose an affidavit of means with two passport photographs and undertake to pay the total bail sum should the defendant escape from the country before the conclusion of his trial.
The court equally ordered the defendant to surrender all his international passports, even as it mandated the Nigerian Immigration Service to confirm how many passports were issued to him within the past 20 years.
Prosecution counsel Mr Bala Sanga told the court that the defendant was arrested after an extensive covert manhunt that stretched over two weeks.
He told the court that the defendant was a signatory to accounts of Process and Industrial Developments Limited (P&ID) Nigeria, the In-Country Support Manager of P&ID, Virgin Island.
The prosecution alleged that the defendant engaged in money laundering and tax evasion, forgery of immigration documents, running of a trafficking syndicate and was involved in corrupting Nigerian officials.