The Federal High Court in Abuja has dismissed the no-case submission filed by former Acting Accountant-General of the Federation (AGF), Chukwunyere Anamekwe Nwabuoku, in the Economic and Financial Crimes Commission’s (EFCC) alleged N868.46 million fraud case against him.
Justice James Omotosho, in a ruling on Thursday, held that the EFCC had established sufficient evidence requiring the ex-AGF to enter his defence.
A no-case submission is a legal procedure in which a defendant’s counsel argues that the prosecution has not presented enough evidence for the defendant to respond to the charges.
Nairametrics earlier reported that the EFCC is prosecuting Nwabuoku on a nine-count amended charge bordering on money laundering to the tune of N868,465,000.
The former AGF pleaded not guilty, while the EFCC presented nine witnesses in support of its case
Legal Dispute
During the proceedings, EFCC’s counsel, Ekele Iheanacho (SAN), opposed the no-case submission, arguing that the offences for which Nwabuoku is standing trial fall under Section 15 of the Money Laundering (Prohibition) Act, 2011 (as amended).
He stated that testimonies from two witnesses revealed that there were no lawful transactions between the Ministry of Defence (MOD) and four “front companies” that received payments during Nwabuoku’s tenure at the ministry.
However, Norrison I. Quakers (SAN), counsel to the ex-AGF, argued that the EFCC lacked jurisdiction to prosecute the matter, contending that the alleged offences fall outside the agency’s legal powers.
He further maintained that no evidence before the court proved that his client “indirectly converted” or “concealed” the origin of the funds in question.
What the Court Said
Ruling on the application, Justice Omotosho held that it would be improper, at this stage, to assess the credibility of witnesses or the weight of the evidence tendered by the EFCC.
- He stressed that the evidence so far presented requires the defendant to provide explanations or a defence to the allegations, especially as they relate to conspiracy and money laundering.
- The judge clarified that his ruling does not amount to a finding of guilt against the ex-AGF but that Nwabuoku is required to enter his defence to clarify the issues raised by the prosecution.
“The no-case submission of the defendant therefore fails,” Justice Omotosho ruled, overruling the application.
He subsequently ordered the defendant to open his defence and offer any explanations to the charges before the court.
The case was adjourned to November 24 for defence.
What You Should Know
Nairametrics reports that Nwabuoku had earlier refunded N220 million and a duplex linked to him to the EFCC following investigations into an alleged advance fee fraud involving the former public official.
This was disclosed in an ex parte non-conviction motion marked FHC/ABJ/177/2024, filed by the EFCC before Justice Mohammed Umar of the Federal High Court, Abuja.
The motion, filed by E. Iheanacho (SAN), sought an interim order freezing several bank accounts allegedly connected to Nwabuoku.
Recall that former President Muhammadu Buhari had, on May 22, 2022, appointed Anamekwe Chukwunyere Nwabuoku as Acting Accountant-General of the Federation pending the outcome of the EFCC’s investigation into the suspended AGF, Ahmed Idris.
Following the investigation, the EFCC later arraigned Nwabuoku on charges of alleged fraud and money laundering.
