The Economic and Financial Crimes Commission (EFCC) has, again, appealed the acquittal of a former Speaker of Lagos State House of Assembly, Adeyemi Ikuforiji, of money laundering charges.

EFCC had arraigned Ikuforiji alongside his former aide, Oyebode Atoyebi, on a 54-count charge bordering on alleged N338.8 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, Mr 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 prosecution’s case hinged on transactions that purportedly exceeded the thresholds of N500,000/N5 million for individuals, and N2 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 evidences adduced during trial showed that Ikuforiji and Atoyebi made and accepted cash payments without passing through financial institutions, in contravention of Money Laundering (Prohibition) Act of 2004 and 2011.

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 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.

However, no date has been fixed for 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 re-assignment of the case.

Buba had granted them bail in the sum of N500 million each with sureties in like sum.

However, on Sept. 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, Mr Godwin Obla (SAN), filed a notice of appeal dated Sept. 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 fresh trial and delivered judgement, 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 N338.8 million from 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 Money Laundering (Prohibition) Act, 2004 and 2011.

NPO REPORT.

Edward Adamu, the fourth prosecution witness in the trial of the former governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, on Wednesday, told the Federal Capital Territory High Court, Abuja, that Emefiele did not have the approval of the CBN Board for the 2023 redesign of naira notes as required by the rules.

Adamu is a former Deputy Governor of the CBN.

The witness said the design also deviated from what Emefiele claimed was approved by then President Muhammadu Buhari.

Led in evidence by prosecution counsel Rotimi Oyedepo, SAN, Adamu disclosed that the usual process for currency redesign begins with the Director of Currency Operations submitting a proposal to the Committee of Governors (COG).

The COG then transmits the proposal to CBN Board for approval, with the final stage being the seeking of presidential endorsement.

He said Emefiele bypassed these procedures by simply calling for a COG meeting and presented what he claimed was a presidential approval and proceeded with the redesign, straightaway, a statement by the EFCC Head of Media and Publicity, Dele Oyewale, said on Wednesday.

Adamu was quoted as saying, “I became aware of it in October 2022 when the governor informed us, the deputy governors, that he had gotten an express approval to redesign the currency.

“Then on the 26th October, 2022, we were formally informed of the presidential approval of the redesign, so that is what happened in October, then there was a formal announcement of the currency redesign.

At the meeting, the governor showed us the approval of the president, by showing us the page where the approval of the president is. “Subsequently, there was a board meeting of the board of directors, where we were also informed of the presidential approval of the currency redesign.”

He further disclosed that the current designs of the notes fundamentally differ from what was originally approved, stating that Emefiele unilaterally made the changes. The redesign affected N200, N500, and N1000 notes.

When the defence counsel, Olalekan Ojo, SAN, sought to know if there had been instances where a presidential approval was gotten for an action before the CBN Board was informed, the witness stated that such was not the practice during his time at the apex bank.

Justice Maryanne Anenih discharged the witness from the dock at the end of the cross-examination and adjourned the matter till October 17, 2024 for continuation of trial.

The erstwhile chairman of Alimosho Local Government in Lagos State, Jelili Sulaimon, has said that the Speaker of the Lagos State House of Assembly, Mudashiru Obasa, lacks the constitutional right to suspend him from office.

Society Reporters reported on Monday that the Lagos State House of Assembly indefinitely suspended Mr Sulaimon as the Chairman of Alimosho LGA.

It was reported that the House took the decision during Monday’s plenary session, after lawmakers voted unanimously to remove Sulaimon over allegations of misconduct and defiance of the legislative House.

The House in a statement published on its website titled “Breaking: Lagos Assembly Suspends Alimosho Council Chairman,” directed the Vice Chairman, Mr. Akinpelu Johnson, to assume control of the council’s affairs.

The Chairman of the House Committee on Local Government Administration and Chieftaincy Affairs, Sanni Okanlawon, who moved the motion for suspension, reportedly said, “It is evident that Jelili Sulaimon has continuously disregarded this House’s authority and failed to comply with directives, showing blatant misconduct. We cannot stand by and allow such chaos to persist.”

Okanlawon also highlighted the unrest that occurred in the Iyana-Ipaja axis in April 2024, which led to the death of a civilian.

Following our investigation into the unfortunate pandemonium that broke out, it was clear that Sulaimon masterminded the incident. He has since refused to cooperate with this House’s inquiries,” he added.

However, in a statement made available on Wednesday, titled: “You Lack The Power To Suspend Me, Jelili Fires Back At Lagos Speaker,” Sulaimon described his purported suspension as an abuse of due process.

According to the statement, the embattled chairman stated this at the council Secretariat during a public address of the electorates and residents of the council area on October 8, 2024.

The statement quoted Hon Jelili as had said, “Just as the National Assembly cannot suspend a State Governor, the State Assembly lacks the right to suspend a local government Chairman.

Only the Legislative arm of the council can suspend the Executive Chairman of a local Government following due process.”

He added that there was no time the Lagos State House of Assembly wrote the Council that it was not responded to duly.

“So, he wonders why such step should be taken simply because the Speaker, Rt Hon Mudashiru Ajayi Obasa allegedly wants to force the council to contract the market levy collection to Abiodun Ejigbadero who is in the middle of the crisis that took place at Iyana-Ipaja market in April 2024 and which led to the death of Micheal Ajayi.

He therefore encouraged Alimosho residents to go about their lawful businesses without fear and favour. As well as encouraged the House of Assembly to retrace her steps as something cannot be built on nothing.”