The Federal High Court in Abuja on Wednesday ordered the Economic and Financial Crimes Commission (EFCC) to produce Bauchi State Commissioner for Finance, Yakubu Adamu, for arraignment on 30 December.
Judge Emeka Nwite issued the order on Wednesday after the EFCC failed, for the second time, to present Mr Adamu, a former Polaris Bank manager, for arraignment on six counts of alleged N4.6 billion money laundering.
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EFCC filed the charges on 19 December against Mr Adamu and a firm, Ayab Agro Products and Freight Company Ltd.
The defendants were earlier scheduled to be arraigned on Tuesday, but proceedings could not take place as neither the EFCC nor the defendants appeared in court, despite defence lawyers being present.
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The court then adjourned the matter to Wednesday (today).
At Wednesday’s proceedings, EFCC lawyer Samuel Chime apologised for the prosecution’s absence the previous day. He explained that the commission intended to amend the charge to include additional suspects. He added that the suspects had written to the EFCC indicating their readiness to honour invitations.
He therefore requested an extension of the remand order to allow all defendants to be arraigned together on 30 December.
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But lead defence lawyer, Gordy Uche, a Senior Advocate of Nigeria (SAN), opposed the application.
He claimed that the prosecution was acting in bad faith. “There is already a charge before the court against the defendant which he can take a plea on,” he said.
Mr Uche also revealed that the EFCC had already responded to a bail application without indicating that investigations were ongoing or that other suspects were being sought.
He highlighted the wider impact of the finance commissioner’s detention, explaining that “since his detention, more than 60,000 workers have not been paid.”
He urged the court to stand the matter down so Mr Adamu could be produced.
Responding, EFCC’s lawyer, Mr Chime, insisted that the investigation had been concluded and that the prosecution only sought a uniform arraignment of all defendants.
After listening to the parties, Mr Nwite expressed displeasure at the EFCC’s handling of the case.
Expressing frustrations with the prosecution’s conduct, Mr Nwite questioned why the commission filed the charges without being ready to proceed.
The judge described the EFCC action as unfair, unprofessional, and “uncalled for.” He said not producing the defendant on the next sitting would attract sanctions. “Go and tell your chairman,” the judge said.
He then rescheduled the arraignment to 30 December.
Charges
According to the EFCC, Mr Adamu, while acting as Branch Manager of Polaris Bank Ltd in Bauchi, allegedly conspired with Ishaku Mohammed Aliyu, Managing Director of Makayye Investment Resources Ltd, and Muntaka Mohammed Duguri, both said to be at large, to launder about N4.65 billion between June and December 2023.
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The prosecution alleged that the funds were provided under the guise of financing motorcycles for the Bauchi State Government through Emmanuel Asomugha General Enterprises, but the motorcycles were never supplied.
Another count accused the defendants of retaining and transferring proceeds of an unlawful act through nominees and third parties, including the alleged transfer of N165.9 million to Ayab Agro Products and Freight Company Ltd.
The EFCC said the offence violated and is punishable under the Money Laundering (Prevention and Prohibition) Act, 2022.
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