The Federal High Court, Abuja, has dismissed the no-case submission filed by a former acting Accountant-General of the Federation (AGF), Chukwunyere Nwabuoku, in his ongoing trial for alleged money laundering.
In a ruling delivered on Thursday, the judge, James Omotosho, said the prosecution had established a “prima facie case against the defendant.”
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He explained that the evidence so far required the defendant “to offer some explanation or defence to the allegations made against him, particularly as they relate to conspiracy and money laundering.”
Subsequently, he ruled that “the no-case submission of the defendant fails” and is hereby overruled.
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The judge ordered Mr Nwabuoku to enter his defence and offer any explanations he may have to the charges before the court.
The Economic and Financial Crimes Commission (EFCC) November last year, charged the former acting AGF with a nine-count amended charge of money laundering involving N868 million.
After the prosecution closed its case, Mr Nwabuoku filed a no-case submission.
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On 3 November, the defendant’s lawyer, Harrison Quakers, and that of the EFCC, Ekele Iheanacho, SAN, adopted their processes and presented arguments for and against the application.
Mr Quakers argued that the evidence presented by the EFCC, including witness testimonies and exhibits, was insufficient to establish a prima facie case against his client.
But Mr Iheanacho disagreed and asked the court to dismiss Mr Nwabuoku’s no-case submission and order him to open his defence.
After hearing submissions from both parties, Mr Omotosho fixed 13 November (today) for ruling.
Ruling
While delivering the ruling, the judge said he had carefully reviewed the evidence presented before the court.
He noted that all affidavits and evidence before the court showed that “the prosecution has established a prima facie case which the defendant must answer.”
Mr Omotosho stressed that his findings did not amount to a declaration of guilt. “It would be improper, at this stage, to evaluate the credibility of the witnesses or the weight of the evidence,” explaining that “It simply means that the defendant is required to enter his defence to clarify the issues raised by the prosecution.”
He noted that the defendant “enjoys the constitutional presumption of innocence” guaranteed under Section 36(5) of the 1999 Constitution (as amended).
He added that since the defendant is entitled to that right, he ought to open this defence.
The case was adjourned to 24, 25 November, and 9 December for the defence to open and close its case.
Background
Mr Nwabuoku was arraigned on 15 January on a nine-count amended charge of money laundering and admitted to N500 million bail with two sureties in like sum. The EFCC listed him as the sole defendant in the suit.
In the first count of the charge filed on 27 November 2024, the EFCC alleged that Mr Nwabuoku, alongside several companies, including Temero Synergy Concept Limited, Turge Global Investment Limited, Laptev Bridge Limited and Arafura Transnational Afro Limited, conspired to convert funds believed to be proceeds of unlawful activities. The offence is contrary to Section 18 of the Money Laundering (Prohibition) Act, 2011, as amended, and punishable under Section 15(3) of the same Act.
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The commission said the acts were perpetrated while Mr Nwabuoku served as Director of Finance and Accounts in the Ministry of Defence between 2019 and 2021.
He was later appointed acting Accountant-General of the Federation in May 2022 following the suspension of Ahmed Idris over alleged N80 million fraud, but was removed a few weeks later. Sylva Okolieaboh, a Director at the Treasury Single Account Department, replaced him amid reports that he was under EFCC investigation.
The EFCC called nine witnesses in the case, including Eucharia Ezeodi, a Zenith Bank staff member, and Felix Nweke, a director in the federal civil service.
In July, Mr Nwabuoku and his co-defendant begged the court to give them time to refund the alleged loot.
The commission later closed its case after presenting evidence against Mr Nwabuoku
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