Court Orders EFCC, CBN To Release Ex-NNPC Boss, Andrew Yakubu’s $9.8m Cash

Justice Inyang Ekwo of the Federal High Court sitting in Abuja, on Monday ordered the Economic and Financial Crimes Commission (EFCC) and the Central Bank of Nigeria (CBN) to immediately release the $9.8 million belonging to the former Group Managing Director (GMD) of the Nigerian National Petroleum Company (NNPC), Andrew Yakubu. The anti-graft agency had refused to release the cash they took from Yakubu’s house, despite an earlier judgment ordering the release of the money. The court said the money must be deposited with the Chief Registrar of the court, in the interest of justice. Yakubu had approached the court seeking an order compelling the Economic and Financial Crimes Commission (EFCC) and two other defendants to release his money. Yakubu in April 2023 sued the EFCC, Central Bank of Nigeria and Guaranty Trust Bank for failing to release the money after a court acquitted him of money laundering charges filed against him by the anti-graft agency. Recall that EFCC had urged Justice A.R Mohammed to convict Yakubu after it discovered $9, 772, 800 (9.7 million dollars) and £74, 000 from an apartment linked to him in 2017. In his defense, Ahmed Raji SAN, asked the court to dismiss the EFCC’s case for lacking in merit. Justice A.R Mohammed, on March 31, 2022, had quashed the money laundering charges instituted against Yakubu. Yakubu also testified before the judge that the monies found in his house were gifts from friends and associates. The judge had agreed with the defendant’s submissions; acquitted him and ordered the release of his money. But Yakubu’s lawyer approached another court presided by Justice Inyang Ekwo over the non-release of the money as directed by the other court. By way of originating summons, he had urged the court to order the release of his money or in the alternative, direct that the money be deposited with the FHC registrar pending the determination of the suit. But the EFCC, through its lawyer, Faruk Abdullah, raised an objection to the application, saying appeals have been entered against the subsisting trial court judgment. The EFCC also contended that the court lacked jurisdiction to hear the matter. Passing his judgement on Monday, Justice Inyang Ekwo dismissed the preliminary objection of the EFCC, saying the arguments of the respondents contradicted themselves and called to question the whereabouts of the money. Ekwo held it would be in the interest of justice if the sum is kept in a neutral custody pending the conclusion of proceedings, in line with rules of court. Ekwo held that based on the contradictory arguments of the respondents about on whose custody the money was domiciled, the justice of the case demands that they must produce the money. “The plaintiff has made a compelling case and it succeeds and I so hold. “An order is hereby made directing the first and second defendant to immediately transfer $9.8 million into the account under the control of the Chief Registrar of this court,” the Judge held.

FG Denies N50bn Plea Bargain With Emefiele

The Federal Government on Sunday, distanced itself from a purported N50 billion planned non-prosecution plea bargain with the embattled former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele. The detained ex CBN Boss was reported to have entered into a plea bargain with government on condition of surrendering N50b to facilitate his early release from the custody of the Department of the State Service DSS and cancelling his trial on charges comprising money laundering, breach of Public Procurement Act and abuse of office. However, on Sunday, the Attorney General of the Federation AGF and Minister of Justice, Prince Lateef Olasunkanmi Fagbemi said neither his office or the Presidency have had anything of such nature with Emefiele. The position of the Federal Government was made public in a statement by the Director of Information in the Federal Ministry of Justice Mrs Modupe Ogundoro. The statement reads in part: “The attention of the Office of the Attorney General of the Federation and Minister of Justice has  been drawn to a report by Sahara Reporters alleging that the former Governor of the Central Bank of Nigeria, Mr. Godwin Emefiele and the Federal Government of Nigeria, have agreed to a non-prosecution plea bargain arrangement. “The report further alleges that Mr. Godwin Emefiele and the Federal Government of Nigeria, represented by the Attorney General of the Federation and Minister of Justice, have signed a non-prosecution plea bargain agreement and that the agreement is awaiting the signature of President Bola Ahmed Tinubu,  “The Office of the Attorney General of the Federation and Minister of Justice hereby states clearly that these reports are completely false.  “It would be noted that the legal team representing Mr. Godwin Emefiele had expressed their intention in court at the last hearing to initiate a plea bargain  arrangement.  “However, no such arrangement has been reached with Mr. Godwin Emefiele or his  representatives. “We wish to advise the media and members of the public to kindly disregard the said false report.  “The Office of the Attorney General of the Federation and Minister of Justice will continue to take all actions in the interest of the Nigerian public,” Fagbemi assured.

Lamido’s N712m Money Laundering Case: HEDA hails EFCC’s appeal

Anti-corrupt group, Human and Environmental Development Agenda (HEDA Resource Centre) has commended the Economic and Financial Crimes Commission (EFCC) on its appeal of the recent judgment of the Court of Appeal, Abuja judicial division. The Court discharged the former Governor of Jigawa State, Alh. Sule Lamido and his two sons, Aminu and Mustapha Lamido of corruption and money laundering charges on the grounds that the prosecution had filed the charge at the wrong judicial division of the Federal High Court. Earlier, the EFCC had charged the former Governor and his two sons with money laundering offenses at the Abuja judicial division. After presenting six witnesses, the anti-graft agency closed its case, and the defendants subsequently filed a no-case submission. However, Justice Ojukwu of the Federal High Court dismissed the no-case submission, ruling that the defendants had a case to answer. Dissatisfied with the ruling, the defendants decided to appeal to the Court of Appeal. A panel of three jurists, led by Hon. Justice Adamu Waziri, reviewed the case and concluded that the money laundering charge should have been filed in Jigawa State, where the alleged offenses were committed. Based on this finding, the Court of Appeal discharged the defendants. In response to the judgment, HEDA Resource Centre’s Chairman, Olanrewaju Suraju, expressed concerns, citing a precedent set by the Supreme Court in the case of Dele Belgore. In the Belgore case, the Supreme Court also overturned a no-case submission ruling by the Federal High Court. However, unlike the Lamido case, the Supreme Court ordered the case to be re-filed and prosecuted in the appropriate judicial division, which was Kwara State. Suraju also highlighted another relevant case, that of Senator Orji Uzor Kalu & Ors, wherein the Supreme Court overturned the judgment of the Federal High Court due to jurisdictional issues. In that case, the Supreme Court ordered a re-trial of the defendants, instead of discharging them. He stressed that an appellant whose appeal is based on an application or an interlocutory appeal, and not on the final judgment of the trial court, should not be discharged by the appellate court. Such discharges could set a wrong precedent, suggesting that technical errors may lead to acquittal. Suraju therefore called on the EFCC, as the prosecutor, to pursue further appeal at the Supreme Court. He emphasized that Nigerians cannot afford a precedent that fails to ensure consequences for money laundering, corruption, and misappropriation of public funds. The EFCC’s response and the potential implications of further appeal will be closely watched, as the case involves high-profile individuals and raises important questions about the judicial process surrounding corruption cases in Nigeria.