Tag: EFCC

  • Ex Parte Order For Bail Is Not “Bizarre” And Courts Do Not Lose Power Because Outcomes Are Unpopular: A Respectful Surrejoinder To O.F. Akeredolu, PhD

    Ex Parte Order For Bail Is Not “Bizarre” And Courts Do Not Lose Power Because Outcomes Are Unpopular: A Respectful Surrejoinder To O.F. Akeredolu, PhD

     

     

    By Sylvester Udemezue

    I read a piece titled, “A Rejoinder To Sylvester Udemezue’s Piece On EFCC Lead Counsel’s Public Statement On Ex Parte Bail Order For Ex-AGF Malami” written by a respected learned friend, O.F. Akeredolu, PhD. I am sincerely grateful to Dr. Akeredolu for the rejoinder and for engaging my article with seriousness. That engagement itself affirms the value promised in my concluding note: correction by reasoned submissions grounded in law. However, with due respect to my dear learned friend, his rejoinder proceeds on a fundamental misapprehension of the scope, target, and gravamen of my original intervention. This surrejoinder is therefore necessary (not to prolong controversy) but to restore analytical precision.

    *WHAT MY ARTICLE DID NOT ADDRESS*

    At the outset, it is important to restate what my article did not purport to do. I did not:

    (1). Adjudge whether the EFCC acted lawfully overall;

    (2). Determine whether Malami should or should not be granted bail;

    (3). Pronounce on whether service of the ex parte order was properly effected; or

    (4). Assert that the EFCC was already in contempt of court.

    Those questions , particularly service, may be procedurally relevant in practice, but they were not the subject of my article.

    *THE NARROW ISSUES MY ARTICLE ADDRESSED (AND ONLY THESE)*

    My published opinion interrogated only three discrete legal points, and no more, namely:

    (1). The blanket assertion attributed to EFCC Lead Counsel that it is “most bizarre” for a court to grant bail ex parte;

    (2). The propriety of resorting to social media to challenge or delegitimise a court order, rather than invoking judicial remedies; and

    (3). The description of an unarraigned suspect as a “criminal defendant.”

    Dr. Akeredolu’s rejoinder largely sidesteps these points and reframes the debate around service and context, thereby answering questions I did not pose, while leaving the core propositions unaddressed.

    *ON THE ARGUMENT BY DR. AKEREDOLU REGARDING “SERVICE” OF THE EX PARTE ORDER*

    The emphasis placed on service of the ex parte order, while procedurally relevant, does not answer the question I raised. My critique was not that the EFCC should have complied with an order it had not been served with; rather, it was that it is legally incorrect to assert that courts lack the power to grant bail ex parte, or that such an act is inherently “bizarre.” Whether or not service was effected does not transform a legally authorised judicial act into a legal impossibility. A court either has the jurisdiction and procedural authority to make an order, or it does not. Service affects enforceability, not legality.

    *ON THE FREP RULES AND EX PARTE BAIL*

    Dr. Akeredolu suggests that reliance on the Fundamental Rights (Enforcement Procedure) Rules, 2009 (FREP Rules) is misplaced because the matter was not framed as a fundamental-rights action. With respect, this conflates two separate inquiries:

    (1). Whether the application before the court was in fact brought under FREP; and

    (2). Whether Nigerian law recognises the power of courts to grant bail ex parte under FREP.

    My article/opinion addressed only the latter. Order IV Rules 3 and 4 of the FREP Rules expressly empower courts, in appropriate circumstances, to grant interim reliefs, including bail, ex parte where the life or liberty of the application is threatened. For the avoidance of doubts, Order IV Rule 3 provides: “The Court may, if satisfied that exceptional hardship may be caused to the Applicant before the service of the application especially when the life or liberty of the applicant is involved, hear the applicant ex parte upon such interim reliefs as the justice of the application may demand”. That proposition is doctrinally unassailable. Whether FREP was properly invoked in Malami’s case is a merit question, to be tested before the court, not a basis for declaring ex parte bail “bizarre.”

    *ON “EXCEPTIONAL HARDSHIP” AND JUDICIAL DISCRETION*

    I did not argue that exceptional hardship automatically translates into ex parte bail, nor that bail is the only possible relief. Courts retain discretion to fashion appropriate interim remedies. Order IV Rule 4(c)(i) to (v) expressly sets out the various orders or reliefs the court may grant in the circumstances:

    “Where the application is made ex parte for interim reliefs, the Court may make the following orders:

    (i) Grant bail or order release of the Applicant forthwith from detention pending the determination of the application;

    (ii) Order that the Respondent against whom the order for the release of the applicant is sought be put on notice and abridge the time for hearing the application;

    (iii) Order the production of the Applicant on the date the matter is fixed for hearing if the Applicant alleges wrongful or unlawful detention.

    (iv) Grant Injunction restraining the Respondent from taking further steps in connection with the matter or maintaining status quo or staying all
    actions pending the determination of the application;

    (v) Any other order as the Court may deem fit to make as the justice of the case may demand”.

    Discretion presupposes jurisdiction. And the existence of alternative remedies does not negate the court’s power to grant bail ex parte where justice so demands. To suggest otherwise is to collapse discretion into prohibition.

    *ON THE TERM “CRIMINAL DEFENDANT”*

    The rejoinder by Dr Akeredolu downplays the mischaracterisation of Malami as a “criminal defendant” as mere descriptive imprecision. With respect, that understates the issue. Under Nigerian criminal procedure, the distinction between a suspect and a defendant is not rhetorical; it is juridical. A person becomes a defendant only upon arraignment. This distinction engages constitutional protections, including the presumption of innocence under section 36(5) of the Constitution.Terminology matters in law, particularly when used by senior counsel speaking publicly on an ongoing matter. Precision is not pedantry; it is fidelity to legal status.

    *ON THE PROPER RESPONSE TO AN EX PARTE ORDER*

    Even assuming one is dissatisfied with an ex parte order, Nigerian law is settled on the remedy: apply to discharge, vary, or set it aside, or appeal. What the law does not contemplate is a public denunciation of the court’s competence to have made the order at all. That distinction lies at the heart of my critique and remains unanswered in the rejoinder.

    Further, and contrary to Dr Akeredolu’s representation, my article was not an attack on the EFCC, nor a defence of Malami. It was a defence of an accurate statement of law, procedural discipline, and constitutional restraint. To insist that courts possess only those powers we are comfortable with in moments of public anger is to weaken, not strengthen, the rule of law.

    Finally, I agree that the debate would indeed benefit from recalibration, but recalibration begins with engaging the actual propositions advanced, not substituting them with adjacent procedural concerns. Until it is shown that Nigerian law renders ex parte bail legally aberrant, or that courts lack authority to grant it in appropriate circumstances, the assertion that such orders are “bizarre” remains unsustainable.

    I remain, as stated, open to correction: by law, by authority, and by reasoned argument.

    Respectfully,
    Sylvester Udemezue (Udems).
    08021365545.
    udemsbackup@gmail.com.
    (27 December 2025)

  • A Rejoinder To Sylvester Udemezue’s Piece On EFCC Lead Counsel’s Public Statement On Ex Parte Bail Order For Ex-AGF Malami

    A Rejoinder To Sylvester Udemezue’s Piece On EFCC Lead Counsel’s Public Statement On Ex Parte Bail Order For Ex-AGF Malami

     

     

    By O. F. Akeredolu, PhD

    Dear sir, I am writing this because I believe you are ‘open, always to being corrected by reasoned submissions grounded in law’.

    I have read with care the article titled “EFCC Lead Counsel’s Press Release, Ex Parte Bail Order for Ex-AGF Malami, and the Perils of Terminological Mischaracterisation.” While the piece raises issues worthy of legal reflection, it unfortunately proceeds on a distortion of both facts and context, and in doing so misdirects the legal inquiry.
    This rejoinder seeks to restore focus to the real issues, clarify the applicable legal framework, and place the comments attributed to the EFCC Lead Counsel in their proper procedural and jurisprudential setting.
    1. The Central Issue Is Service, Not Abstract Possibility
    The foundational question is not whether, in the abstract, a court can grant bail ex parte under Nigerian law. The real and decisive question is:
    Was the EFCC served with any court order granting bail to Mr. Abubakar Malami, SAN?
    If no such order was served, then the EFCC remained legally bound by the subsisting remand order of the same court, which was made on a motion on notice. In that circumstance, continued detention pursuant to that remand order cannot, in law or logic, be characterised as defiance of the court or a violation of rights.
    Once this procedural reality is appreciated, much of the outrage and commentary dissolves.
    2. The EFCC Lead Counsel Was Quoted Without Context
    The statement attributed to the EFCC Lead Counsel—that it would be “most bizarre” for a judicial officer to grant bail ex parte to a criminal defendant without putting the detaining authority on notice—must be understood contextually, not rhetorically.
    The statement was made against the background of non-service of any such order and the existence of a valid remand order. Viewed in that light, the comment was neither reckless nor contemptuous of judicial authority. Rather, it was an expression of a legitimate procedural concern rooted in settled practice:
    that a detaining authority cannot be faulted for acting on an existing court order in the absence of a contrary one brought to its notice.
    3. On the Invocation of the Fundamental Rights (Enforcement Procedure) Rules
    The reliance placed on the Fundamental Rights (Enforcement Procedure) Rules (FREP) in the article is, with respect, misplaced.
    FREP is a special, specific, and sui generis procedural framework, activated only where a fundamental rights action is properly before the court. It is not a universal template to be invoked in every detention scenario, nor does it automatically override subsisting criminal process orders.
    This matter, as publicly presented, was not framed as a fundamental rights enforcement action. It arose within the context of criminal investigation and remand proceedings. To import FREP wholesale into that context, without more, is to confuse exceptional procedure with general criminal process.
    Law must be applied with precision. A tool designed for one purpose cannot be indiscriminately deployed for another.
    4. Exceptional Hardship Does Not Automatically Translate to Ex Parte Bail
    Even where “exceptional hardship” is alleged—medical needs being the usual example—it does not follow, as a matter of course, that ex parte bail is the inevitable or appropriate remedy.
    Courts possess a spectrum of remedial options:
    medical access, hospitalisation under guard, or tailored directives to the detaining authority. Bail, particularly ex parte bail, is only one option and not always the most proportionate.
    In a matter of this sensitivity and public importance, the more cautious and balanced approach would ordinarily be to ensure adequate medical care while maintaining the integrity of the judicial process.
    5. On Terminology: Precision Must Not Obscure Substance
    Considerable emphasis was placed on the use of the phrase “criminal defendant,” with the argument that a person becomes a defendant only upon arraignment.
    While terminological precision is important, it must not be elevated to the point where it obscures substantive justice. In public legal communication, such expressions are often used descriptively, not as technical pronouncements on procedural status. An arguable imprecision in language does not invalidate the substance of the concern being expressed.
    The law is not served by replacing substantive analysis with semantic absolutism.
    6. Exceptional Procedures Must Remain Exceptional
    It is trite that there are circumstances where normal criminal procedure may be departed from—just as there are rare cases where proceedings may continue in the absence of a defendant, or urgent orders may be made ex parte. But these remain exceptions, not norms.
    The mere existence of an exception does not justify its routine invocation, nor does it warrant public censure of law enforcement officials acting within the bounds of existing court orders.
    Conclusion
    The debate surrounding this matter would benefit from a recalibration. The real issue is not whether courts possess certain powers in theory, but whether, in the concrete circumstances presented, those powers were properly invoked, communicated, and acted upon.
    Until it is shown that a valid court order granting bail was duly made and served, criticism of the EFCC for acting on a subsisting remand order is premature. Equally, caution must be exercised against stretching specialised procedural frameworks beyond their intended scope.
    The administration of criminal justice thrives not on sensationalism or abstract theorising, but on context, restraint, and procedural fidelity. It is only by keeping these principles in view that public discourse can meaningfully contribute to, rather than complicate, the rule of law.

    I will appreciate it sir, if you can cause this to be published and circulated just as the main story.

    O. F. Akeredolu (PhD)
    Diamond Alternative Legal Services, C/O, Kunle Ijalana & Co. No 19, Akure/Owo Road, Opposite Pinnacle Filling Station, Fiwasaye Girls Grammer School, Akure, Ondo State.

  • Alleged N4.6bn fraud: EFCC arraigns Bauchi State Finance Commissioner

    Alleged N4.6bn fraud: EFCC arraigns Bauchi State Finance Commissioner

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    The Economic and Financial Crimes Commission (EFCC) will, on Wednesday, arraign Yakubu Adamu, Commissioner of Finance, Bauchi State, over alleged N4.6 billion money laundering.

    Adamu, alongside a firm, Ayab Agro Products and Freight Company Ltd, will be arraigned before Justice Emeka Nwite at the Federal High Court in Abuja on a six-count money laundering charge marked: FHC/ABJ/CR/694/2025.

    Although Adamu and his co-defendant were to take their plea today, the case could not proceed due to the absence of the EFCC’s lawyer and the defendants.

    However, the defendants’ team of lawyers, led by Chief Gordy Uche, SAN, was in court.

    Justice Nwite then adjourned the matter until Dec. 24 for plea.

    The News Agency of Nigeria (NAN) reports that while Adamu is the 1st defendant, Ayab Agro Products and Freight Company Ltd is the 2nd defendant.

    The charge is dated and filed on Dec. 19 by Samuel Chime at the Legal and Prosecution Department of EFCC.

    In count one, Adamu, while acting as the Branch Manager of Polaris Bank Ltd, Bauchi, alongside Ishaku Mohammed Aliyu, Managing Director of Makayye Investment Resources Ltd (now at large) and Muntaka Mohammed Duguri (now at large), were alleged to have conspired to commit the offence, sometime between June 2023 to December 2023.

    They were alleged to have facilitated and agreed to the conversion, transfer, concealment and use of funds in the sum of about N4,650,000,000.00 (Four Billion, Six Hundred and Fifty Million Naira) availed by Polaris Bank under the guise of financing the supply of motorcycles to Bauchi State Governmeni through Emmanuel Asomugha General Enterprises.

    “The motorcycles were not supplied, and you thereby committed an offence contrary to Section 21(a) and punishable under Section 21 of the Money Laundering (Prevention and Prohibition) Act, 2022,” the count read in part.

    Count six accused Adamu, Aliyu and Duguri of retaining and causing the transfer of proceeds of an unlawful act to nominees and third parties, by causing parts of the funds connected with the Polaris Bank facility to be paid and circulated through third-party accounts sometime in 2023.

    It further alleged that the transfer included the one made through I.S. Makayye Investment Resources Ltd and the transfer of #165, 900,000.00 to Ayab Agro Products and Freight Company Ltd.

    The funds were said to formed part of proceeds of an unlawful act.

    The offence is contrary to Section 20(a) and punishable under Section 20 of the Money Laundering (Prevention and Prohibition) Act, 2022, among other counts.

  • Again, EFCC witness says no law breached in fund withdrawals by Kogi Govt.

    Again, EFCC witness says no law breached in fund withdrawals by Kogi Govt.

     

     

    An EFCC witness, Mshelia Arhyel Bata, in the alleged money laundering trial of former Gov. Yahaya Bello of Kogi, on Monday, re-affirmed that fund withdrawals by the state government did not breach any banking law.

    Bata stated this while being cross-examined by the ex-governor’s counsel, Joseph Daudu, SAN, before Justice Emeka Nwite of the Federal High Court in Abuja.

    He also admitted that Bello’s name did not appear as beneficiary in the account statements presented as evidence in court.

    Bata, a Compliance Officer with Zenith Bank, testified as 4th prosecution witness (PW-4).

    The prosecution had concentrated on withdrawals by Abdulsalam Hudu.

    Under cross-examination, Daudu drew the witness’ attention to certain withdrawals by Umar Comfort Olufunke, which he said the prosecution did not mention while being led in evidence-in-chief.

    The PW-4 told the court that Olufunke’s withdrawals, in multiples of N10 million, were between December 2017 and April 2018, with beneficiaries being various hotels in Kogi.

    The witness also confirmed withdrawals by Alhassan Omakoji between November 2021 and December 2022, which he admitted, did not exceed N10 million per withdrawal.

    He said the withdrawals were in line with the limits set by the Central Bank of Nigeria (CBN).

    He equally admitted that he was not aware of any law that regulates how Kogi Government spends its money or allocation.

    “Confirm as compliant officer that when multipples of cheques of N10 million are presented, the customers are merely adhering to the withdrawal limits set by the CBN?” Daudu asked?

    “Yes my lord, the N10 million on the cheque is the maximum allowed threshold on cash withdrawal set by CBN,” he said.

    When asked if Bello’s name appeared as beneficiary on Exhibit 22 which he (Daudu) and lawyer to the prosecution, Kemi Pinheiro, SAN, had taken him through, Bata said: “No, my lord, the name, Yahaya Bello, does not appear as beneficiary.”

    When asked if there is any law that regulates how the state government spends its money, the witness said: “I am not aware of any law that regulates how Kogi State Government spends its money or allocation in its account.”

    He said apart from the beneficiaries like the hotels mentioned in the account statements, there was no way he could know what the state’s transactions were meant for.

    Justice Nwite then discharged the witness after Pinheiro informed that there was no re-examination.

    The witness had, at the last hearing, confirmed that the former governor was neither a signatory to nor connected with any of the accounts presented as evidence.

    He admitted that, going through Exhibit 22A, from pages 24 to 413, Bello was not also listed on any of the documents as a beneficiary of any transaction.

    The anti-graft agency also called its 5th prosecution witness (PW-5), Jesutoni Akoni, a compliance officer with Ecobank Plc, who was led in evidence by another prosecution counsel, Chukwudi Enebeli, SAN.

    The witness tendered a summon letter written to Ecobank, which was admitted in evidence.

    The EFCC lawyer also sought to tender a statement of account of Moses Ailetu companies with certificate of identification, from Jan. 1 to Jan. 31, 2016.

    Daudu did not oppose it and it was admitted as exhibit.

    Enebeli told the witness tto identify the different columns in the statement, which he did.

    He was told to confirm cash deposits by the company, which were between N3 million and N20 million, and totalling N57 million.

    Akoni, while being cross-examined by Daudu, equally confirmed that former Gov. Bello was not a beneficiary of the said deposits.

    “Confirm that any of the deposits you identified carries the name of Yahaya Bello,” Daudu asked.

    “None of them carries the name, Yahaya Bello,” she said.

    Akoni also admitted that it was not possible to discern the source of funds from the face of the documents.

    The prosecution, thereafter, introduced its PW-6, Mohammed Hassan, who was also on subpoena from Keystone Bank.

    Hassan, a relationship officer with the bank, was asked to produce the statements of account of Dantata and Sawoe Construction Company.

    The documents were tendered as exhibit, along with the certificate of identification, after the defence lawyer did not oppose.

    After the PW-6 was cross-examined, the EFCC called its PW-7, Olomotame Egoro, a compliance officer on subpoena from Access Bank.

    He was led in evidence by Pinheiro.

    He confirmed to the court that he had 12 sets of documents that had been requested.

    “We supplied sufficient customer’s details that were extracted from the account opening packages at the time the customer opened the account,” he said.

    The defence counsel did not object to the admission of the account statements proper but opposed to some other documents attached which he regarded as irrelevant to what the prosecution requested.

    “I am not going to object to the account proper but I will object to all the 12 purported extractions from the account opening documents attached.

    “But I will not object to the statements of account, which were subpoenaed,” Daudu stated.

    The senior lawyer prayed the court to direct the prosecution to remove “all the extraneous documents attached,” and the prosecution team detached those documents regarded as irrelevant.

    Justice Nwite subsequently adjourned the matter until Nov. 11 for continuation of trial.

     

  • N2b FIRS Alleged Fraud: Eteta  Knows Fate Dec 8

    N2b FIRS Alleged Fraud: Eteta  Knows Fate Dec 8

     

     

     

    The trial of Emmanuella Eteta Ita, Head of Stakeholders Unit of the Federal Inland Revenue Services, FIRS and her Surestart School Limited before Justice Giwa Ogunbanjo of the Federal High Court, sitting in Abuja, continued on Tuesday, October 21, 2025 with the judge slating December 8, 2025 for judgment.

     

    Ita and Surestart School Ltd are standing trial  on 25-count charges,  bordering on criminal misappropriation, diversion, criminal breach of trust and money laundering  to the tune of N2billion, Dele Oyewale, EFCC Head, Media & Publicity disclosed in a statement, a copy of which was made available to FLOWERBUDNEWS.

    During the proceeding,  counsel to Ita,  Paul Erokoro, SAN,  called the attention of the court to his final address, dated December 10, 2014 and urged the court to dismiss the prosecution`s application and resolve the matter in favour of the defendant based on  alleged claim of failure of the prosecution to prove its case beyond reasonable doubt.

    He stated again that  “On the receipt of the prosecution`s final address, the first defendant filed a reply dated 13th June 2025 and I hereby adopt the reply on point of law as the first defendant’s answer to the issues raised by the first defendant’s  final written address. Once again, we urge your lordship to discharge and acquit the first defendant and we want to add that the prosecution refunds the N19.5m to paid to the EFCC so that she can pay the money back to the lenders,” he said

     

    In response, prosecuting counsel, Ekele Iheanacho, SAN informed the court of his final written address of January 10, 2025, filed the same date, served and adopted on June 16, 2025 and urged the court to convict the defendant as the prosecution has proved its case beyond reasonable doubt.

    He further drew the attention of the court to his written reply, stating, “If my lord finds the reply on the point of law to the prosecution’s final written address as an opportunity to re-argue issues canvassed in the main written address, consequently we urge your lordship to strike out their request”

     

    Justice Ogunbanjo adjourned the matter till December 8,2025 for delivery of judgment.

     

     

     

     

     

  • A company’s CEO received N2.1bn from Dasuki without executing a contract–EFCC’s witness

    A company’s CEO received N2.1bn from Dasuki without executing a contract–EFCC’s witness

     

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    EFCC’s witness, Bello Umar, has revealed how Olugbenga Obadina received N2.1 billion from the office of the former National Security Adviser, Col. Sambo Dasuki (rtd.), without executing a contract.

    Umar, the first prosecution witness (PW-1), made this known before Justice James Omotosho of a Federal High Court in Abuja while being led in evidence by Economic and Financial Crimes Commission (EFCC) lawyer, Ibrahim Buba.

    The News Agency of Nigeria (NAN) reports that Obadina is the Chairman and Chief Executive Officer (CEO), Almond Projects Limited.

    The trial is part of the ongoing case in the alleged misappropriation of N33.2 billion meant for the purchase of arms by Dasuki, who was the then NSA during ex-President Goodluck Jonathan administration.

    The money was allegedly part of funds earmarked by the Federal Government to fight Boko Haram insurgency in the northeast.

    The witness, an investigator with the anti-graft agency, said he knew Obadina and his company, listed as 1st and 2nd defendants in the charge marked: FHC/ABJ/CR/142/2016.

    He told the court that his schedule of duties were to carry out investigations and do financial analysis where there is need.

    Umar said he got to know Obadina through a complaint lodged by the NSA’s office “that there was a contract execution which he did not do after receiving the whole amount.”

    The investigator said after the complaint, a letter was written to the NSA’s office to furnish the team with Obadina ‘s payment schedule

    “We also wrote letters to various banks to provide us with bank statements.

    “We contacted the office of the National Security Adviser to verify the conclusion or execution of those projects.

    “They told us they did not have any contract with the defendants.

    “The total amount of the money is N2.1 billion naira,” the PW-1 said.

    The witness said Obadina was invited by the investigating team but that all the explanations he gave could not hold water.

    According to him, he (Obadina) could not show any tangible projects of the contract executed, because no contract exists.

    He said his team was able to confirm that Obadina was the owner of the company, allegedly used to siphon the funds, through an investigating letter written to the Corporate Affairs Commission (CAC).

    When the EFCC lawyer asked Umar how the money was paid to Obadina, the witness said: “It was paid in six tranches.”

    H said part of the money was paid into the Guarantee Trust Bank (GTB) account while others were paid into the Zenith Bank account.

    According to the PW-1, the bank accounts carry the name of the defendant and his company.

    Umar said Obadina’s statement was taken in the presence of his lawyer, called Dr Nasiru.

    The witness identified all the documents sought to be tendered as exhibits by Buba, including letters from the NSA’s office, the extra-judicial statement, the statements of accounts from GTB and Zenith and the document from CAC.

    Buba then sought to tender the six documents identified by Umar.

    Obadina’s counsel, Adeola Adedipe, SAN, objected to the admissibility of some of the documents on the ground that they were not certified by the institution in custody (CBN), citing Section 102 of the Evidence Act and other relevant laws, including a previous case, to back his argument.

    Adedipe said: “I will not object the CAC documents, the GTB and the Zenith Bank statements.”

    He, however, opposed the admissibility of the letter from the NSA’s office, dated May 5, 2016.

    The senior lawyer also objected to the admissibility of the extra-judicial statement written by Obadina, arguing that the statement was not voluntarily made.

    Adedipe told the court that Obadina was in custody of the EFCC for about 40 days before the statement was taken.

    “In fact, the defendant has to approach a court for his fundamental right and there is judgment to the effect,” he added.

    He submitted that Obadina’s extra judicial statement was obtained in violation of Sections 28 and 29 of the Evidence Act, and Section 17(2) of Administration of Criminal Justice Act (ACJA), 2015, among others.

    “There was no video recording and no lawyer presence,” he argued, urging the court to reject the documents.

    Buba disagreed with Adedipe.

    He argued that the NSA’s letter, titled: “Re-Investigation Activities,” dated May 5, 2016, was very relevant to the proceeding contrary to the defence submission.

    “The documents are annexures to the main document which is a letter from the NSA office.

    “The documents themselves originated from the NSA’s office to the CBN and the originals were received by the CBN and acknowledged in a separate copy.

    “These documents are in the office of the NSA and it is the NSA that is competent to certify them.

    *We urge my lord to discountenance the argument,” he said.

    On Obadina’s statement, Buba said the witness never told the court that the statement, in question, was a confessional statement that required a video evidence, citing Section 15(2).

    According to the lawyer, the witness said the statement was recorded in the presence of his lawyer.

    However, he said if the defence is insisting that the statement was not voluntary, the prosecution would be applying for a trial-within-trial to establish its voluntariness.

    Justice Omotosho, therefore, admitted documents from the GTB and Zenith Bank, the CAC document and a letter from NSA’s office as Exhibits PWA, PWB, PWC and PWD respectively.

    The judge, however, adjourned until Dec. 2 for a ruling on a letter dated May 5, 2016.

    Obadina was re-arraigned on Jan. 13, 2024, by the anti-graft agency on eight-count charge bordering on money laundering to the tune of N2.17 billion.

    He, however, pleaded not guilty to the charge and was admitted to N500 million bail with two sureties in like sum.

    In court three of the charge, Obadina and Almond Projects Ltd were alleged to have, on April 3, 2014 directly taken possession of N648 million which was paid into the account of Almond Projects Ltd with Zenith Bank Plc Account No: 1010921116.

    The money was allegedly paid from the account of the office of the NSA from the CBN without contract award.

    The agency said the fund formed part of the proceeds of an unlawful activity of Col. Dasuki and the offence is contrary to Section 15(2), (d) of the Money Laundering (Prohibition) Act, 2011 as amended in 2012 and punishable under Section 15(3) of the same Act.

    NAN reports that Obadina was earlier arraigned before Justice Nnamdi Dimgba in 2016.

    Justice Dimgba had, on July 4, 2024, adjourned for adoption of final written addresses after the EFCC had closed its case after calling four witnesses and the defendants called two witnesses before he was elevated to the Appeal Court.

  • Alleged N1.8trn fraud: Investors seek EFCC, SEC’s probe of cryptocurrency firm

    Alleged N1.8trn fraud: Investors seek EFCC, SEC’s probe of cryptocurrency firm

     

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    No fewer than 14, 000 Nigerian investors have prayed the Economic and Financial Crimes Commission (EFCC) to investigate activities of a cryptocurrency firm, MTS/TOFRO, over alleged N1.8 trillion investment fraud.

    The petitioners, though their lawyer, Ebuka Nwaeze, also urged the Securities and Exchange Commission (SEC) to investigate the extent of the firm’s compliance with the commission’s regulations and the allegation of its collapse.

    While a petition addressed to the EFCC’s chairman was received on Aug. 6, the petition written to the SEC DG was received on Aug. 13.

    The certified true copies of the documents were made available to newsmen on Thursday in Abuja.

    Nwaeze urged the EFCC to investigate the matter, trace, recover and redistribute the funds of his clients and prosecute any person found culpable in the alleged unlawful activity.

    He said this would serve as a deterrence “to other fraudulent characters from doing so and to altogether shore up the cyber security reputation of Nigeria.”

    It reads: “We are solicitors to Nigerians of various walks of life who engaged in digital trading on the cryptocurrency trading platform known as MTS/TOFRO crypto trading platform.

    “Our clients number over 14 million Nigerians, who are registered traders on the trading platform, where legitimate exchange and trade of digital assets were being carried out under an ostensibly secure digital platform.

    “Our clients’ enlistment and participation on the platform was in good faith, being that MTS/TOFRO is a reputable organisation registered in the United States of America and its platform enjoys wide participation in America as well as in various counties in Europe.”

    The lawyer alleged that the operators of the platform capitalised on the SEC’s call for regulation of crypto trading platforms to convince investors that they were already in the process of registration and reopening of the platform after full compliance, while they closed down their physical offices.

    He said many of his clients, being law abiding citizens, considered and found the activity of the platform to be in consonance with the National Digital Economy Policy and Strategy (2020-2030), which encourages Nigerians to participate in the digital economy.

    He said this was so since the Federal Government “proclaimed active pursuit of digital transformation to create jobs and increase the contribution of the digital economy to the Nigerian GDP from about 14.3% to 21% by the year 2030.”

    The EFCC’s Head, Media and Publicity, Dele Oyewale, confirmed that the commission received the petition.

    “The matter involving MTS/OFRO is currently before the commission,” he said.

  • Court Convicts Ex-NHIS Boss, Femi Thomas, BDC Operator for $2,198,900.00 Fraud in Lagos

    Court Convicts Ex-NHIS Boss, Femi Thomas, BDC Operator for $2,198,900.00 Fraud in Lagos

     By 

    Justice Ayokunle Faji of the Federal High Court  Ikoyi, Lagos, has convicted the duo of Dr. Olufemi Martins Thomas, a former Executive Secretary, National Health Insurance Scheme, NHIS, and one Kabiru Sidi, a Bureau De Change Operator, for $2,198,900.00 ( Two million, One Hundred and Ninety Eight  Thousand, Nine Hundred United States Dollars) fraud.

    Justice Faji delivered the judgement on Thursday., an EFCC statement by Dele Oyewale, Head, Media & Publicity, and made available to FLOWERBUDNEWS disclosed.

    Thomas was arraigned alongside Sidi on an amended seven-count charge bordering on money laundering to the tune of $2,198,900.00 brought against them by the Lagos Zonal Directorate 1 of the Economic and Financial Crimes Commission, EFCC.

     

    Six of the counts against Thomas bordered on money laundering and transferring, in cash, proceeds of unlawful activities, contrary to the provisions of the Money Laundering (Prohibition) Act, 2011 as amended.

     

    The second defendant, however, was prosecuted only on count six bordering on making false statements to an official of the EFCC.

     

    The charge against Thomas reads: “That you,  Dr. Martins Oluwafemi Thomas (a.k.a Dr. Ike), the former Executive Secretary of the National Health Insurance Scheme, on or about the 3rd of July, 2015 at Lagos, within the jurisdiction of this Honourable Court, procured Mrs. Femi Thomas to disguise the unlawful origin of the sum of $2, 198, 900 (Two million, One Hundred and Ninety-eight Thousand, Nine Hundred United States  Dollars) and you thereby committed an offence contrary to Section 18 and punishable under Section 15(2) (a) and (3) of the Money Laundering (Prohibition) Act, 2011 (as amended by Act No. 1 of 2012).”

     

    The charge against Kabiru reads: That you, Kabiru Sidi on or about the 15th of July, 2015 at the office of Economic and Financial Crimes Commission, 15 A Awolowo Road, Ikoyi Lagos within the jurisdiction of this Honourable Court made a false statement to Afeez Mustapha, an investigating officer with the Economic and Financial Crimes Commissionto the effect that you gave over Two Million United States dollars to Bamidele Ibiteye and you thereby committed an offence contrary to Section 39(2) (b) and punishable under Section 39(2) (c) of the Economic and Financial Crimes Commission (Establishment) Act, 2004.”

     

    They pleaded “not guilty” to the charge, thereby leading to their full trial.

     

    At the last adjourned sitting on Thursday, May 29, 2025, the prosecution counsel, Ekele Iheanacho SAN, in his final written addresses, dated May 5 and 9, 2025,  submitted that “In line with the charge, the prosecution called six witnesses, and the defendant made a no-case submission, which was overruled and overruled by the Appellate Court on the grounds that the prosecution had established a prima facie case against the defendant.

     

    “The defendant entered his defence because the law required him to show how he acquired the funds legitimately. Part of his evidence was that he made the funds heavily from his farming businesses. The evidence of his farming was contained in his financial statement.

     

    While closing his argument, he had also submitted that “This is a case of money laundering, where the issue of concealment of transaction is paramount and that is why the law requires such transactions to go through financial institutions so that there will be a trial. Any application that suggests otherwise will defeat the basis of Section 1 of the Money Laundering Act”

     

    He had, therefore, urged the court to discountenance the submissions of the first and second defendants and convict them as charged.

     

    Delivering judgment today, the judge found Thomas “guilty of transacting beyond threshold without going through a financial institution” and sentenced him to a fine of N10,000,000.00 (Ten Million Naira).

     

    The second defendant, Sidi, was found guilty of making a false statement to an investigating officer with the EFCC and sentenced to a fine of N100,000.00

    Justice Faji, however, discharged Thomas on counts one, two, three, four and seven of the charge.

     

     

  • Diezani’s forfeited property: APC chieftain seeks arrest of EFCC chairman over alleged disregard to court order

    Diezani’s forfeited property: APC chieftain seeks arrest of EFCC chairman over alleged disregard to court order

    Flowerbud News/ Chief Ikechi Emenike, the All Progressives Congress (APC)’s Chieftain, has filed a motion for court to issue a bench warrant for the arrest of the EFCC Chairman, Mr Ola Olukoyede, for alleged refusal to obey court order with respect to an Abuja property forfeited to the Federal Government.

    The property, located at House 6, Aso Drive, Asokoro in Abuja, belonging to a former Minister of Petroleum Resources, Mrs Diezani Alison-Madueke, was party of assets Justice Mobolaji Olajuwon of the Federal High Court (FHC), Abuja, ordered their final forfeiture on Oct. 24, 2022, to the Federal Government.

    Emenike, through his lawyer, Mr Obi Nwakor, filed the contempt application marked: FHC/ABJ/CS/1123/2021 before Justice Musa Liman of the FHC Abuja.

    The application, dated May 22 and filed May 23, was titled: “In The Matter For Committal For Criminal Contempt Against:” Olukoyode and Francis Usani, a counsel to EFCC.

    Emenike, the former APC governorship candidate in March 11, 2023 election in Abia, prayed the court to order the arrest of Mr Olukoyede and the lawyer who represented the EFCC in the matter, Mr Usani.

    He hinged the application on alleged “brazen and grievous acts of contempt of resisting and obstructing the Sheriffs of this court from the execution of orders of this honourable court in this suit, made on the 16th day of May 2025.”

    He further applied for an order of the court, directing the Inspector-General (I-G) of Police to take the duo “into custody with immediate effect for the purpose of bringing them before the court to show cause why they should not be committed to prison for brazen and grievous contempt of court.”

    Justice Liman, on a motion for substituted service of the contempt application on Olukoyode and Usani, granted the prayer to serve them the contempt application by courier service.

    Justice Liman had on the strength of an application by the EFCC, issued an order that directed Emenike, a tenant, to vacate the premises situated at House 6, Aso Drive in Asokoro.

    The EFCC had informed the court that the property was finally forfeited to the Federal Government as proceeds of an unlawful act by Mrs Allison-Madueke.

    The anti-graft agency, in its motion dated Nov.17, 2024, anchored its request to take possession of the property on a judgement it said was handed to it on Oct. 22, 2022, by Justice Olajuwon.

    However, shortly after he was evicted from the property, Emenike re-approached the court with evidence to show that the EFCC failed to disclose that he had been paying rent to the commission for the property which he had been living in for over 10 years.

    The APC chieftain further told the court that there is a subsisting judgement from a High Court of the Federal Capital Territory (FCT), which gave him a Right of First Refusal after it held that the EFCC had no legal right to keep any forfeited property to itself for whatever use.

    The FCT court, in the said judgement, stressed that the only option the law gave the EFCC was to sell the property and remit the proceeds to FG’s Single Treasury Account.

    It held that as a sitting tenant, the commission ought to give the plaintiff the Right of First Refusal.

    The plaintiff told the court that though the EFCC had after a meeting he held with its former Chairman, Mr Abdulrasheed Bawa, agreed to reevaluate and sell it to him, it later decided to keep the property for itself.

    He alleged that instead of appealing against the judgement of the FCT High Court, the agency filed an ex-parte motion before another court where it secured an eviction order it relied upon to throw out his family and take possession of the house.

    Justice Liman, after he had appraised the situation, voided the ex-parte order and directed the EFCC to immediately vacate the property for Emenike.

    The court equally directed that the order should be served on the Chairman of the EFCC, Mr Olukayode, by pasting it on the walls and gate of the premises.

    However, a bailiff of the court that went to execute the order was allegedly chased away by armed security operatives.

    The EFCC later filed an application before Justice Liman seeking a stay of execution of the order directing the commission to vacate the property for Emenike on the grounds that an appeal had been filed against the order at the Court of Appeal in Abuja.

    However, Emenike, through his lawyer, prayed the court to dismiss the agency’s application until it purged itself of the allegations of disobedience to a valid court order.

    Justice Liman, also in a ruling, berated the EFCC over its refusal to obey an order directing its armed officials to vacate the property in dispute.

    The judge frowned at the anti-graft agency’s action, which he said had, through suppression and misrepresentation of material facts, deceived the court to issue an ex-parte order in its favour on March 27.

    He accused the EFCC of treating an order of the court with disdain.

    He held that the court would no longer hear any application from the anti-graft agency until it purged itself of the contemptuous act.

    “The law is no respecter of any person. If order of the court can be treated with disdain by an agency of the government, then there will be nothing left but for persons to take law into their own hands.

    “Disobedience to a court order is injurious to the Rule of Law and can lead to anarchy.

    “Where a party has refused to obey court order, the court cannot exercise discretion in favour of such a party.

    “Therefore, this court will deny the applicant (EFCC) further audience till it purge itself of the contempt,” the judge said.

    He held that the May 16 order of the court that directed that the respondent (Emenike) should be allowed access into the building, remained extant.

    Consequently, Justice Liman declined to hear the motion on notice the EFCC filed to stay the execution of the ruling in suit number: FHC/ABJ/CS/1123/2021, which was in favour of the respondent.