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The Federal High Court in Abuja has acquitted businessman Aliyu Abubakar, Malabu Oil and Gas Limited and six other defendants in a money laundering case arising from transactions involving the controversial Oil Prospecting License 245 (OPL 245).
Justice Inyang Ekwo, who delivered the judgment on Thursday, stated that the Economic and Financial Crimes Commission (EFCC) failed to prove the charges against the eight accused beyond reasonable doubt.
The defendants have faced 43 charges, filed in December 2016 and listed as FHC/ABJ/CR/268/2016, over alleged fraudulent transactions involving approximately $1 billion and N673 million.
In making the decision, the judge criticized prosecutors for bringing charges despite the Office of the Attorney General of the Federation previously taking a stand in 2018. The office, then headed by Abubakar Malami, had recommended that the defendants not be charged citing insufficient evidence.
Justice Ekwo also questioned the adequacy of investigations carried out before charges were laid, and stressed that charges must be supported by evidence gathered through completed investigations.
“For this reason, the IPO must really show that he carried out an investigation and not just assume the facts by just guessing,” said the judge referring to the Investigating Police Officer.
He further stated, “It is a legal requirement that an investigation must be completed before charges are filed. There are clear situations where that is not the case.”
The court also faulted the EFCC for continuing with the prosecution despite the advice issued by the Attorney General.
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“Before I conclude this judgment, I need to state again that the prosecution should not have brought this charge against the advice of the Honorable Attorney General of the Federation,” he said.
Emphasizing the legal position of the Attorney General in criminal prosecutions, Justice Ekwo stated that other prosecuting agencies cannot claim superiority over the nation’s principal legal officer.
“There is no prosecution agency that is higher in law than HAGF.
“No action should be taken by any prosecuting agency that gives any indication that it may go against HAGF’s advice or direction and could be taken to court,” he said.
The judge warned against the conflicting approaches taken by government agencies involved in criminal prosecutions, before ordering the acquittal and acquittal of the eight defendants.
Those listed in the case are 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.
The EFCC alleged that the defendants were involved in money laundering in relation to funds linked to OPL 245.
In two indictments, the commission accused Malabu Oil and Gas Limited, together with Seidougha Munamuna, Amaran Joseph and Dauzia Loya Etete, who it said were fugitives, of taking control of $401.54 million and $400 million transferred by the Federal Government to accounts belonging to the company at First Bank of Nigeria and Keystone Bank.
Prosecutors alleged that the funds were the proceeds of unlawful activities under the Money Laundering (Prohibition) Act 2011, as amended. All defendants pleaded not guilty to the charges.
In a separate case, registered as FHC/ABJ/CR/31/2017, Justice Ekwo also acquitted Abubakar of five counts of money laundering involving an alleged N300m.
The judge held that the prosecution failed to prove the allegations contained in counts five through nine to the required legal standard.
“The allegations in counts five, six, seven, eight and nine cannot be proven beyond a reasonable doubt. I am of that opinion.
“I have issued an order to dismiss the defendant,” he decided.
A separate case initially involved former Attorney General of the Federation Mohammed Adoke and Abubakar. On April 19, 2024, the court dismissed Adoke after rejecting the filing of his case, but ruled that Abubakar had a case to answer.
However, after Abubakar’s trial ended, the judge ruled that the EFCC had not established the charges against the businessman beyond reasonable doubt, leading to his dismissal.
