By Onyewuchi Ojinnaka
The Economic and Financial Crimes Commission (EFCC) has filed an appeal challenging the acquittal of a former Lagos Speaker, Hon.Adeyemi Ikuforiji from money laundering charges by a Federal High Court, Lagos
Ikuforiji was charged by the EFCC alongside his former aide Oyebode Atoyebi, on a 54-counts charge bordering on alleged N338.8 million money laundering.
The prosecution had conducted full trial in the matter and both defence and prosecution had adopted their final addresses on May 17.
On June 24, Justice Mohammed Liman delivered judgement in the suit whereof he discharged and acquitted Ikuforiji of the charges preferred against him.
Dissatisfied with the judgement of the trial court, the EFCC filed a notice of appeal challenging the decision of the lower court.
The prosecutor, Mr Ekene Iheanacho (SAN), argued that the trial court erred in law when it held that the charge under count one, did not present a potential legal issue.
He contended that the trial judge erred in law by holding that the prosecutor’s case hinged on transactions that purportedly exceeded the thresholds of N500,000/N5 million for individuals, and N2 million/10 million for corporate entities under the 2004 and 2011 Acts .
He argued that the lower court ignored the evidence led by the prosecutor which showed that the respondents made and accepted cash payments above the prescribed thresholds.
He further argued that oral and documentary evidences adduced during trial, showed that the defendant made and accepted cash payments without passing through financial institutions contrary to the Money laundering Acts 2004 and 2011.
Iheanacho pointed out that the lower court did not obey the decision of the appellate court in the case of FRN vs Ikuforiji (2016), Ikuforiji vs FRN (2018) and Atoyebi vs FRN (2018).
He averred that in those cases, the ingredients of the offences as charged, were laid down by the appellate courts.
The prosecution, said that the lower court failed to appreciate both the case of the appellant and ingredients of the offences under which the respondents failed trial.
Besides, the prosecution averred that the aforementioned cases had been adjudicated upon by both the appeal and supreme courts which held that the appellant made out a prima facie case against the respondents.
The EFCC therefore, seeks an order, allowing its appeal and setting aside the decision of the lower court.
No date has been fixed for hearing of the appeal.
Recall that the respondents were first arraigned on March 1, 2012 before Justice Okechukwu Okeke of a Federal High Court on a 20-count charge bordering on misappropriation and money laundering.
They had pleaded not guilty to the charges and were admitted to bails.
However, they were subsequently re-arraigned before Justice Ibrahim Buba, following a re-assignment of the case.
Buba had granted them bails in the sum of N500 million each with sureties in like sun
On September 26, 2014, Justice Buba discharged Ikuforiji and his aide of the charges, after upholding their no case submissions.
Buba had held that the EFCC failed to establish a prima-facie case against defendants
Dissatisfied with the ruling, the EFCC through its counsel, Mr Godwin Obla (SAN), filed a Notice of Appeal dated September 30, 2014 challenging the decision of the trial court.
Obla had argued that the trial court erred in law when it held that the counts were incompetent because they were filed under Section 1(a) of the Money Laundering (Prohibition) Act, 2004 which was repealed by an Act of 2011.
EFCC had further argued that the lower court erred in law when it held that the provisions of Section 1 of the Money Laundering (Prohibition) Act, 2004 and 2011, only applied to natural persons and corporate bodies other than the government.
The commission had also submitted that the trial judge erred in law when he held and concluded that the testimonies of the prosecution witnesses supported the innocence of the respondents.
In its judgement on November 2016, the Lagos Division of the Appeal Court agreed with the prosecution and ordered a fresh trial of the respondents before another judge.
Following the decision of the Appeal Court, the respondents headed for the Supreme Court, seeking to upturn the ruling of the Appellate court.
Again, in its verdict, the Apex Court also upheld the decision of the appellate court and ordered that the case be sent back to the Chief Judge of the Federal High Court for reassignment to another judge.
The case was consequently reassigned to Justice Liman, who conducted fresh trial and delivered judgement acquitting the respondents on June 24.
