The Federal High Court in Abuja on Thursday discharged and acquitted Malabu Oil and Gas Limited, different corporations, and AA Oil Chairman Aliyu Abubakar in two separate alleged money laundering suits filed by the Economic and Financial Crimes Commission (EFCC).
Justice Inyang Ekwo discharged and acquitted the defendants, holding that the prosecution’s proof and expenses had been “fundamentally flawed,” had not been “proven beyond reasonable doubt,” and had been opposite to a earlier directive from the Office of the Attorney-General of the Federation (AGF).
Nairametrics beforehand reported on the seven-year-old money laundering swimsuit instituted by the EFCC towards former Attorney-General of the Federation and Minister of Justice, Mohammed Bello Adoke.
Nairametrics recollects that Adoke and AA Oil Chairman Aliyu Abubakar had been arraigned earlier than the court docket on an amended 14-count cost bordering on money laundering in swimsuit quantity FHC/ABJ/CR/31/17.
Both defendants pleaded not responsible to the fees, and the trial commenced, ultimately resulting in Adoke’s discharge.
However, the court docket had discovered that the prosecution established a prima facie case towards the second defendant, Abubakar, on Counts 5, 6, 8 and 9. Consequently, his no-case submission in respect of these counts was dismissed.
In a associated case marked FHC/ABJ/CR/268/16, the EFCC charged Malabu, A-Group Construction Company Limited, Rocky Top Resources Limited, Mega Tech Engineering Limited, Novel Properties and Development Company Limited, Carlin International Nigeria Limited, and Aliyu, amongst others, with money laundering and conspiracy.
EFCC proof towards Aliyu flawed
In his judgment within the EFCC’s case towards Aliyu as the only real defendant, Justice Ekwo held that the prosecution witness’s testimony was legally inadequate due to the absence of unique paperwork linking Aliyu to the alleged offence.
The court docket noticed that, through the forensic evaluation of specimen signatures linked to the businessman, the prosecution witness admitted to analysing photocopies slightly than unique paperwork.
- “I find that the evidence of PW9 is fundamentally flawed,” the decide held.
The decide concluded that the prosecution had didn’t discharge the burden of proof in respect of the allegations towards Aliyu.
Consequently, he ordered the discharge and acquittal of the defendant.
Acting towards AGF directive a grave error
In the opposite case involving Malabu and the opposite defendants, the decide famous that the defendants challenged the court docket’s jurisdiction, questioning the validity of the fees on the grounds that they’d been filed opposite to the directive and recommendation of the AGF on the time.
After reviewing the AGF’s letter, Ekwo stated that, opposite to the prosecution’s submission, the letter directed the prosecution to rethink the fees as a result of there was nothing linking the defendants to the alleged offences.
The decide noticed that the EFCC acquired the letter in September 2018, however the prosecution proceeded to file expenses towards the defendants in December of the identical 12 months.
Ekwo held that the place the court docket receives recommendation or a directive from the AGF, it will probably terminate the proceedings.
- “The power of the AGF over any prosecution is final when it is issued,” the court docket held, including that the prosecution dedicated a grave error by persevering with the proceedings regardless of the AGF’s recommendation.
- “No prosecuting agency is higher in law than the AGF,” Ekwo held.
Furthermore, the court docket noticed that proof obtained whereas a swimsuit is pending is “inadmissible in law”, likening the observe to submitting a cost and subsequently trying to find proof to maintain it.
The decide additionally held that he couldn’t make any pronouncement towards the individuals who had been at giant as a result of no subject regarding trial in absentia was raised through the proceedings, and people people had not stood trial earlier than him.
The decide subsequently discharged the eighth defendants within the case.
Background to the Malabu oil block case
The trial decide had ordered the trial of Aliyu Abubakar after discharging Adoke.
In the opposite swimsuit, the eight defendants had been accused of money laundering and conspiracy in a 48-count cost regarding their alleged fraudulent dealings involving the controversial oil block, OPL 245.
The EFCC alleged that roughly $1 billion and N673 million had been concerned within the alleged money laundering offences, in line with The Nation.
- In one depend of the cost, the EFCC claimed that “Malabu Oil, and two of its directors (said to be on the run – Seidougha Munamuna and a former Minister of Petroleum Resources, Dauzia Etete, who is widely known as Dan Etete) – ‘directly or indirectly converted’ the sum of $401,540,000 paid from the Federal Government of Nigeria Escrow Account with JP Morgan Chase Bank in London into Malabu Oil’s account with First Bank of Nigeria Limited.”
The defendants, nevertheless, pleaded not responsible to the fees.
Key info about Mohammed Bello Adoke
Adoke was appointed Minister of Justice and Attorney-General of the Federation on April 6, 2010.
He was initially arraigned alongside Aliyu Abubakar earlier than Justice Binta Nyako and was subsequently re-arraigned earlier than Justice Ekwo on June 17, 2020, on the identical expenses.
