EFCC appeals Ikuforiji’s acquittal on money laundering charges again

EFCC had arraigned Ikuforiji alongside his former aide, Oyebode Atoyebi, on a 54-count charge bordering on alleged ₦338.8 million money laundering. However, Justice Mohammed Liman, on June 24, 2024, acquitted Ikuforiji of the charges.

Dissatisfied with the judgment, EFCC has filed a notice of appeal challenging the judgment. The prosecutor, Ekene Ihenacho (SAN), filed the appeal on behalf of EFCC.

Ihenacho 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 argued that the trial judge erred in law by holding that the prosecution’s case hinged on transactions that purportedly exceeded the thresholds of ₦500,000/₦5 million for individuals and ₦2 million/₦10 million for corporate entities under Money Laundering (Prohibition) Act of 2004 and 2011.

Ihenacho argued that the lower court ignored the evidence presented by the prosecutor which showed that the respondents made and accepted cash payments above the prescribed thresholds. He further argued that oral and documentary evidence adduced during the trial showed that Ikuforiji and Atoyebi made and accepted cash payments without passing through financial institutions, in contravention of the Money Laundering (Prohibition) Act of 2004 and 2011.

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He argued that the lower court did not obey the decision of appellate courts in the case of FRN versus Ikuforiji (2016), Ikuforiji versus FRN (2018) and Atoyebi versus FRN (2018). He averred that in those cases, the ingredients of the offences as charged, were laid down by appellate courts.

The prosecution said that the lower court failed to appreciate both the case of the appellant and the ingredients of the offences under which the respondents failed trial.

Besides, the prosecutor averred that the aforementioned case had been adjudicated upon by both the Court of Appeal and the Supreme Courts which held that the appellant made out a prima facie case against Ikuforiji and Atoyebi.

The News Agency of Nigeria (NAN) reports that no date has been fixed for the hearing of the appeal. Recall that Ikuforiji and Atoyebi were first arraigned on March 1, 2012, before Justice Okechukwu Okeke of a Federal High Court in Lagos.

They were arraigned on a 20-count charge bordering on financial misappropriation and money laundering. They had each pleaded not guilty to the charges and were both granted bail. They were, however, subsequently re-arraigned before Justice Ibrahim Buba following the re-assignment of the case.

Buba had granted them bail for ₦500 million each with sureties in like sum. However, on September 26, 2014, Buba discharged Ikuforiji and his aide of the charges, after upholding their no-case submissions. Buba held that the EFCC failed to establish a prima facie case against them.

Dissatisfied with the ruling, the EFCC through its counsel, Godwin Obla (SAN), filed a notice of appeal dated September 30, 2014, challenging Buba’s decision.

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.

He also argued that the lower court erred in law when it held that 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. Obla 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.

EFCC’s appeal succeeded when the Lagos Division of the Court of Appeal, in November 2016, agreed with its submission and ordered a fresh trial of the respondents before another judge. Following the decision of the Court of Appeal, the respondents headed for the Supreme Court, seeking to upturn the judgment of the Court of Appeal.

In its verdict, the apex court also upheld the decision of the Court of Appeal and ordered that the case should be sent back to the chief judge of the Federal High Court for re-assignment to another judge.

The case was consequently re-assigned to Liman, who conducted the fresh trial and delivered judgment, acquitting the respondents on June 24. According to the charge, Ikuforiji and Atoyebi accepted cash payments above the threshold set by the Money Laundering (Prohibition) Act without going through a financial institution.

The commission accused them of conspiring to accept cash payments in the aggregate sum of ₦338.8 million from the Lagos State 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 from April 2010 to July 2011.

According to the EFCC, the offences contravene the provisions of Sections 15 (1d), 16(1d) and 18 of the Money Laundering (Prohibition) Act, 2004 and 2011.