The Federal Excessive Courtroom, Abuja, has dismissed the no-case submission filed by a former appearing Accountant-Common of the Federation (AGF), Chukwunyere Nwabuoku, in his ongoing trial for alleged cash laundering.
In a ruling delivered on Thursday, the decide, James Omotosho, mentioned the prosecution had established a “prima facie case towards the defendant.”
He defined that the proof to this point required the defendant “to supply some rationalization or defence to the allegations made towards him, notably as they relate to conspiracy and cash laundering.”
Subsequently, he dominated that “the no-case submission of the defendant fails” and is hereby overruled.
The decide ordered Mr Nwabuoku to enter his defence and supply any explanations he might need to the costs earlier than the court docket.
The Economic and Financial Crimes Commission (EFCC) November final 12 months, charged the previous appearing AGF with a nine-count amended cost of cash laundering involving N868 million.
After the prosecution closed its case, Mr Nwabuoku filed a no-case submission.
On 3 November, the defendant’s lawyer, Harrison Quakers, and that of the EFCC, Ekele Iheanacho, SAN, adopted their processes and introduced arguments for and towards the applying.
Mr Quakers argued that the proof introduced by the EFCC, together with witness testimonies and reveals, was inadequate to determine a prima facie case towards his shopper.
However Mr Iheanacho disagreed and requested the court docket to dismiss Mr Nwabuoku’s no-case submission and order him to open his defence.
After listening to submissions from each events, Mr Omotosho fastened 13 November (in the present day) for ruling.
Ruling
Whereas delivering the ruling, the decide mentioned he had fastidiously reviewed the proof introduced earlier than the court docket.
He famous that every one affidavits and proof earlier than the court docket confirmed that “the prosecution has established a prima facie case which the defendant should reply.”
Mr Omotosho burdened that his findings didn’t quantity to a declaration of guilt. “It will be improper, at this stage, to guage the credibility of the witnesses or the burden of the proof,” explaining that “It merely signifies that the defendant is required to enter his defence to make clear the problems raised by the prosecution.”
He famous that the defendant “enjoys the constitutional presumption of innocence” assured below Part 36(5) of the 1999 Structure (as amended).
He added that for the reason that defendant is entitled to that proper, he must open this defence.
The case was adjourned to 24, 25 November, and 9 December for the defence to open and shut its case.
Background
Mr Nwabuoku was arraigned on 15 January on a nine-count amended cost of cash laundering and admitted to N500 million bail with two sureties in like sum. The EFCC listed him as the only defendant within the go well with.
Within the first depend of the cost filed on 27 November 2024, the EFCC alleged that Mr Nwabuoku, alongside a number of firms, together with Temero Synergy Idea Restricted, Turge International Funding Restricted, Laptev Bridge Restricted and Arafura Transnational Afro Restricted, conspired to transform funds believed to be proceeds of illegal actions. The offence is opposite to Part 18 of the Cash Laundering (Prohibition) Act, 2011, as amended, and punishable below Part 15(3) of the identical Act.
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The fee mentioned the acts had been perpetrated whereas Mr Nwabuoku served as Director of Finance and Accounts within the Ministry of Defence between 2019 and 2021.
He was later appointed appearing Accountant-Common of the Federation in Could 2022 following the suspension of Ahmed Idris over alleged N80 million fraud, however was eliminated just a few weeks later. Sylva Okolieaboh, a Director on the Treasury Single Account Division, changed him amid experiences that he was below EFCC investigation.
The EFCC known as 9 witnesses within the case, together with Eucharia Ezeodi, a Zenith Financial institution employees member, and Felix Nweke, a director within the federal civil service.
In July, Mr Nwabuoku and his co-defendant begged the court docket to provide them time to refund the alleged loot.
The fee later closed its case after presenting proof towards Mr Nwabuoku
