The Economic and Financial Crimes Commission (EFCC) has again filed an appeal challenging the acquittal of a former speaker of the Lagos State House of Assembly, Adeyemi Ikuforiji on charges of money laundering.
In March 2012, Ikuforiji and his former personal assistant Oyebode Atoyebi, were charged before the Federal High Court, Lagos on a 54-count charge bordering on alleged N338.8 million money laundering.
After 12 years of protracted trial, the court on June 24, 2014, acquitted and discharged the duo.
Justice Mohammed Liman who delivered judgement held that the EFFC failed to prove its case against both defendants beyond a reasonable doubt.
Dissatisfied with the judgement, the EFCC filed a notice of appeal challenging the decision of the lower court.
The prosecutor, Ekene Ihenacho (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 also argued 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 contended that the lower court ignored the evidence led by the prosecutor which shows that the respondents made and accepted cash payments above the prescribed thresholds.
He further argued that oral and documentary evidence adduced during trial shows that the defendant made and accepted cash payments without passing through financial institutions contrary to the Money laundering Acts 2004 and 2011.
He submitted 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, sought an order, allowing its appeal and setting aside the decision of the lower court.
The appeal court has yet to fix a date for the hearing of the appeal.
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 each pleaded not guilty to the charges and were granted bails.
They were, however, subsequently re-arraigned before Justice Ibrahim Buba, following a re-assignment of the case.
Buba had granted them bail 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 them.
Dissatisfied with the ruling, the EFCC through its counsel, Mr Godwin Obla (SAN), filed a Notice of Appeal dated Sept. 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, the Lagos Division of the Appeal Court, in November 2016, 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.
According to the charge, EFCC had alleged that the respondents accepted cash payments above the threshold set by the Money Laundering Act, without going through a financial institution.
The commission accused them of conspiring to commit an illegal act of accepting cash payments in the aggregate sum of N338.8 million from the House of Assembly without going through a financial institution.
Ikuforiji was also accused of using his position to misappropriate funds belonging to the Assembly.
The EFCC said that the respondents committed the offences between April 2010 and July 2011.
The offences, according to the EFCC, contravened the provisions of Sections 15 (1d), 16(1d) and 18 of Money Laundering Act, 2004 and 2011.
