In the nine-count charge, the federal government accused Mohammed of “dishonestly receiving stolen property” and “voluntarily assisted in concealing money”.
The charge replaced a previous one of 121 counts, in which Mohammed was charged with Atiku Bagudu. The government has now excluded Bagudu from the fresh charge, leaving only Mohammed.
According to the new charge, the stolen money allegedly received by Mohammed, which he was accused of concealing included 141,100,000 and $384,353,000 made up of cash and travellers cheques.
The charge dated February 24, 2014, was filed by a private prosecutor, Daniel Enwelum, who is prosecuting the case on behalf of the federal government and is acting upon a fiat dated February 18, 2014 issued to him by the Attorney General of the Federation.
However, Mohammed could not be arraigned yesterday before Justice Mamman Kolo of the Abuja High Court because the scion of the Abacha's family was nowhere to be found.
Enwelum told the court that even when Mohammed had been served with the charge, with evidence to that effect contained in a sworn affidavit by the court’s bailiff, the accused person refused to show up in court for him to be arraigned.
He said the new charge, which now excludes Bagudu, was filed pursuant to Section 181 of the Criminal Procedure Code (CPC) as an amendment to the earlier charge.
Enwelum urged the court to accept the fresh charge and deem the receipt of the charge by the defence lawyer, on behalf of the accused person, as proper service.
He said Mohammed's lawyer, Abdulllahi Haruna, had promised to receive the charge for his client.
Haruna said Mohammed was absent in court because he was not aware of the new charge.
He urged the court to adjourn the case to another date to enable his client attend the trial.
Also, the lawyer to Bagudu, Rickey Tarfa (SAN), urged the court to grant an order discharging his client from the previous charge in view of the prosecution’s decision to exclude him from the new charge.
Enwelum, in reaction to Tarfa’s application, argued that it was unnecessary for the court to make a specific order discharging Bagudu from the charge since the government had already excluded him from the amended charge.
Ruling, Justice Kolo allowed the amended charge.
He also granted an order discharging Bagudu from the charge and adjourned to April 29 for Mohammed’s arraignment.
In count one, Mohammed was alleged to have between August and December 1995, in Abuja, allegedly received $36,480,000 made up of cash and travellers cheques, property of the federal government, believed to have been stolen.
Count two alleged that Mohammed, between August and December 1995, in Abuja, voluntarily assisted in concealing $57,960,000 believed to have been stolen from the federal government.
Count three alleged that he, between October and December 1996, in Abuja, received $26,913,500 believed to have been stolen from the federal government's coffers.
The prosecution alleged in count four that Mohammed, within the same time, voluntarily assisted in concealing $26,913,500 allegedly stolen from the federal government.
Count five alleged that he, sometime in June 1997, in Abuja, received $10,000,000 believed to have been stolen from the federal government.
He was, in count six, said to have, between February and December 1997 dishonestly received $87,000,000 and 41,143,000 pounds sterling also believed to have been stolen from the federal government.
Count seven accused him of voluntarily assisting in concealing the amounts mentioned in count six.
In count eight, Mohammed was accused of dishonestly receiving, between January and August 1998 $167,000,000 and 99,957,000 pounds sterling, believed to have been stolen from the federal government.
Count nine accused him of voluntarily assisting in concealing the amount mention in count eight.
The alleged offences are punishable under Sections 317 and 319 of the Penal Code.
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