The Federal High Court in Abuja has acquitted businessman Aliyu Abubakar, Malabu Oil and Gas Limited and six other defendants in a money laundering case arising from transactions involving the controversial Oil Prospecting Licence 245 (OPL 245).
Justice Inyang Ekwo, delivering judgment on Thursday, held that the Economic and Financial Crimes Commission (EFCC) failed to establish the allegations against the eight defendants beyond reasonable doubt.
The defendants had faced a 43-count charge, filed in December 2016 and registered as FHC/ABJ/CR/268/2016, over alleged fraudulent transactions involving approximately $1bn and N673m.
In reaching his decision, the judge criticised the prosecution for bringing the charges despite an earlier position taken by the Office of the Attorney-General of the Federation in 2018. The office, then headed by Abubakar Malami, had advised against prosecuting the defendants on the grounds of insufficient evidence.
Justice Ekwo also questioned the adequacy of the investigation conducted before the charges were filed, insisting that allegations must be supported by evidence gathered through a completed investigation.
“To this end, the IPO must actually demonstrate that he conducted an investigation and not that he merely assumed the existence of the state of fact by guessing them,” the judge said, referring to the Investigating Police Officer.
He further stated, “It has always been the position of law that investigation must be concluded before a charge is filed. There is a clear situation where such was not the case.”
The court also faulted the EFCC for proceeding with the prosecution despite the advice issued by the Attorney-General’s office.
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“Before I conclude this judgment, I need to state again that the prosecution ought not to have filed this charge against the advice of the Honourable Attorney-General of the Federation,” he said.
Emphasising the legal position of the Attorney-General in criminal prosecutions, Justice Ekwo declared that other prosecuting agencies could not claim superiority over the nation’s chief law officer.
“No prosecuting agency is higher in law than the HAGF.
“No action should be taken by any prosecuting agency that gives any indication that it can defy the advice or directive of the HAGF and have its way in the court,” he said.
The judge warned against conflicting approaches by government agencies involved in criminal prosecutions, before ordering the discharge and acquittal of all eight defendants.
Those listed in the case were Malabu Oil and Gas Limited, A-Group Construction Company Limited, Rocky Top Resources Limited, Mega Tech Engineering Limited, Novel Properties and Development Company Limited, Imperial Union Limited, Carlin International Nigeria Limited and Abubakar.
The EFCC had alleged that the defendants were involved in money laundering linked to funds associated with OPL 245.
In two counts, the commission accused Malabu Oil and Gas Limited, alongside Seidougha Munamuna, Amaran Joseph and Dauzia Loya Etete, who were said to be at large, of taking control of $401.54m and $400m transferred by the Federal Government into accounts belonging to the company at First Bank of Nigeria and Keystone Bank, respectively.
The prosecution alleged that the funds were proceeds of unlawful activities under the Money Laundering (Prohibition) Act, 2011, as amended. All the defendants pleaded not guilty to the charges.
In a separate case, registered as FHC/ABJ/CR/31/2017, Justice Ekwo also discharged Abubakar of five money laundering counts involving an alleged N300m.
The judge held that the prosecution had failed to prove the allegations contained in counts five to nine to the required legal standard.
“The allegations in counts five, six, seven, eight and nine cannot be proved beyond reasonable doubt. I so hold.
“I made an order discharging the defendant,” he ruled.
The separate case initially involved former Attorney-General of the Federation Mohammed Adoke and Abubakar. On April 19, 2024, the court discharged Adoke after upholding his no-case submission but ruled that Abubakar had a case to answer.
Following the conclusion of Abubakar’s trial, however, the judge determined that the EFCC had not established the charges against the businessman beyond reasonable doubt, leading to his discharge.
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