The Federal High Court in Abuja on Thursday discharged and acquitted Malabu Oil and Gas Limited, other companies and AA Oil Chairman, Aliyu Abubakar, in two separate money laundering cases instituted by the Economic and Financial Crimes Commission.
Justice Inyang Ekwo ruled that the prosecution’s evidence and charges were fundamentally flawed and had not been established beyond reasonable doubt. He also held that the charges were inconsistent with an earlier directive issued by the Office of the Attorney-General of the Federation.
The development follows an earlier report on the seven-year-old money laundering case instituted by the EFCC against former Attorney-General of the Federation and Minister of Justice, Mohammed Bello Adoke.
Nairametrics recalls that Adoke and AA Oil Chairman, Aliyu Abubakar, were arraigned before the court on an amended 14-count charge bordering on money laundering in suit number FHC/ABJ/CR/31/17.
Both defendants pleaded not guilty to the charges, and the trial subsequently commenced, leading to Adoke’s discharge.
However, the court had ruled that the prosecution established a prima facie case against Abubakar, the second defendant, on Counts 5, 6, 8 and 9. Consequently, his no-case submission on those counts was dismissed.
In a related case, marked FHC/ABJ/CR/268/16, the EFCC charged Malabu Oil and Gas Limited, A-Group Construction Company Limited, Rocky Top Resources Limited, Mega Tech Engineering Limited, Novel Properties and Development Company Limited, Carlin International Nigeria Limited, Aliyu Abubakar and others with money laundering and conspiracy.
In his judgment in the EFCC’s case against Aliyu, who was the sole defendant, Justice Ekwo ruled that the prosecution witness’s testimony was legally insufficient due to the absence of original documents linking the businessman to the alleged offences.
The court noted that during the forensic examination of specimen signatures attributed to Aliyu, the prosecution witness admitted to analysing photocopies rather than original documents.
“I find that the evidence of PW9 is fundamentally flawed,” the judge held.
The judge held that the prosecution had failed to prove the allegations against Aliyu, thereby failing to discharge its burden of proof.
Consequently, he ordered the defendant’s discharge and acquittal.
In the separate case involving Malabu and the other defendants, Justice Ekwo said the defendants had challenged the court’s jurisdiction, arguing that the charges were invalid because they had been filed in defiance of a directive and legal advice issued by the then Attorney-General of the Federation.
After examining the AGF’s letter, Ekwo disagreed with the prosecution’s interpretation, stating that the document directed the commission to reconsider the charges because there was no evidence linking the defendants to the alleged offences.
