The Federal High Court in Abuja has discharged and acquitted businessman Aliyu Abubakar, Malabu Oil and Gas Limited and six other defendants in a $1bn money laundering case linked to the controversial Oil Prospecting Licence 245.
Justice Inyang Ekwo, in a judgment delivered on Thursday, held that the Economic and Financial Crimes Commission failed to prove the allegations against the eight defendants beyond reasonable doubt.
The defendants were prosecuted in a 43-count charge marked FHC/ABJ/CR/268/2016, filed in December 2016 over alleged fraudulent dealings involving OPL 245.
The judge faulted the EFCC for filing the charges despite a 2018 letter from the Office of the Attorney-General of the Federation, then headed by Abubakar Malami, advising against the prosecution on the grounds of insufficient evidence.
Justice Ekwo also found that the investigation had not been concluded before the defendants were charged.
The judge also faulted the prosecution for proceeding with the case despite a 2018 letter from the Office of the Attorney-General of the Federation under Abubakar Malami, directing that the defendants should not be prosecuted because of insufficient evidence.
Justice Ekwo also found that the investigation preceding the charge had not been concluded before the defendants were prosecuted.
“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 added, “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.”
Faulting the EFCC for proceeding with the prosecution despite the advice from the AGF’s office, Justice Ekwo said the charge ought not to have been filed against the advice of the nation’s chief law officer.
“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.
The judge stressed that no prosecuting agency was superior in law to the AGF.
“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.
He added that the court would not endorse a situation in which government prosecuting agencies worked at cross purposes.
He subsequently ordered the discharge and acquittal of all eight defendants.
The EFCC had listed 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 as the first to eighth defendants, respectively.
The commission alleged that about $1bn and N673m were involved in the money laundering offences connected to OPL 245.
In two of the counts, the EFCC alleged that Malabu Oil and Gas Limited, alongside Seidougha Munamuna, Amaran Joseph and Dauzia Loya Etete, who were said to be at large, took control of $401.54m and $400m transferred by the Federal Government into the company’s accounts domiciled with First Bank of Nigeria and Keystone Bank, respectively.
The commission alleged that the funds were proceeds of unlawful activities, contrary to the Money Laundering (Prohibition) Act, 2011, as amended.
The defendants, however, pleaded not guilty to the charges.
In a separate case marked FHC/ABJ/CR/31/2017, Justice Ekwo also discharged Abubakar of five counts of money laundering involving an alleged N300m.
The judge held that the EFCC failed to establish the allegations against the businessman beyond reasonable doubt.
“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 case initially involved former Attorney-General of the Federation Mohammed Adoke and Abubakar. The judge discharged Adoke on April 19, 2024, after upholding his no-case submission, but ruled that Abubakar had a case to answer.
At the conclusion of Abubakar’s trial, however, the judge found that the prosecution had failed to prove the charges against him.