The Federal High Court in Abuja has discharged and acquitted Malabu Oil and Gas Limited, the Chairman of AA Oil Limited, Aliyu Abubakar, and six other defendants over alleged $1bn money laundering offences linked to the controversial Oil Prospecting Licence 245 (OPL 245).
Justice Inyang Ekwo, in a judgment delivered on Thursday, held that the Economic and Financial Crimes Commission (EFCC) failed to prove the allegations against the eight defendants beyond reasonable doubt.
The defendants were prosecuted on a 43-count charge marked FHC/ABJ/CR/268/2016, filed in December 2016 over alleged fraudulent dealings involving OPL 245.
The judge also faulted the prosecution for proceeding with the case despite a 2018 letter from the Office of the Attorney-General of the Federation (AGF), then headed by Abubakar Malami (SAN), advising that the defendants should not be prosecuted because of insufficient evidence.
Justice Ekwo further found that the investigation leading to the charges had not been concluded before the defendants were arraigned.
“To this end, the IPO must actually demonstrate that he conducted an investigation and not that he merely assumed the existence of the state of fact by guessing them,” the judge said, referring to the Investigating Police Officer.
He added that the law required investigations to be concluded before charges were filed.
“It has always been the position of law that investigation must be concluded before a charge is filed. There is a clear situation where such was not the case,” he said.
Faulting the EFCC for proceeding despite the advice from the AGF’s office, Justice Ekwo said the charge ought not to have been filed against the position of the nation’s chief law officer.
“Before I conclude this judgment, I need to state again that the prosecution ought not to have filed this charge against the advice of the Honourable Attorney-General of the Federation (HAGF),” he said.
The judge emphasised that no prosecuting agency was legally superior to the AGF.
“No prosecuting agency is higher in law than the HAGF,” he declared, warning that no agency should act in a manner suggesting it could disregard the AGF’s advice or directives and still secure the court’s approval.
He added that the court would not endorse a situation in which government prosecuting agencies worked at cross purposes.
Justice Ekwo subsequently held that the EFCC had failed to establish the allegations in all 43 counts against the defendants beyond reasonable doubt and ordered their discharge and acquittal.
The EFCC had listed Malabu Oil and Gas Limited, A-Group Construction Company Limited, Rocky Top Resources Limited, Mega Tech Engineering Limited, Novel Properties and Development Company Limited, Imperial Union Limited, Carlin International Nigeria Limited and Abubakar as the first to eighth defendants, respectively.
The commission alleged that approximately $1bn and ₦673m were involved in the money laundering offences connected to OPL 245.
In two of the counts, the EFCC alleged that Malabu Oil and Gas Limited, alongside Seidougha Munamuna, Amaran Joseph and Dauzia Loya Etete, who were said to be at large, took control of $401.54m and $400m transferred by the Federal Government into the company’s accounts with First Bank of Nigeria and Keystone Bank, respectively.
The commission alleged that the funds were proceeds of unlawful activities, contrary to the Money Laundering (Prohibition) Act, 2011, as amended.
The defendants, however, pleaded not guilty to the charges.
In a separate case marked FHC/ABJ/CR/31/2017, Justice Ekwo also discharged Abubakar of five counts of money laundering involving an alleged ₦300m.
The judge held that the EFCC had failed to establish the allegations against the businessman beyond reasonable doubt.
“The allegations in counts five, six, seven, eight and nine cannot be proved beyond reasonable doubt. I so hold,” he ruled.
The case initially involved former Attorney-General of the Federation, Mohammed Adoke, and Abubakar as the first and second defendants, respectively.
Justice Ekwo discharged Adoke on 19 April 2024 after upholding his no-case submission, while ruling that Abubakar had a case to answer.
At the time, the judge held that the prosecution had established a prima facie case against Abubakar, requiring him to enter his defence on the five counts.
However, at the conclusion of the trial, Justice Ekwo found that the prosecution had failed to prove the allegations against Abubakar beyond reasonable doubt and consequently discharged him.
