By Francis Iwuchukwu
The Federal High Court, Ikoyi, Lagos, presided over by Justice Mohammed Liman, yesterday, acquitted and discharged a former Speaker of the Lagos State House of Assembly, Adeyemi Ikuforiji.
Justice Liman's verdict came after thirteen years of trial for alleged money laundering made against him by the Economic and Financial Crimes Commission, EFCC.
Specifically, the trial judge acquitted Ikuforiji and his former aide, Oyebode Atoyebi, of 54 counts of money laundering.
In passing judgment, Justice Liman declared that the anti-graft agency failed to discharge the burden of proof placed on it by the provisions of the law.
It would be recalled that the former Speaker was dragged before the judge by the commission alongside Atoyebi on a 54-count charge bordering on alleged N338.8 million money laundering.
But the duo had pleaded not guilty and were allowed to continue on an earlier bail granted to them in 2012 when they were first arraigned.
On March 17, 2021, the EFCC closed its case after calling the second witness for the prosecution.
However, on May 4, 2023, the defence through its lawyer, Dele Adesina (SAN), opened the case for the defence and called three witnesses, including the first defendant (Ikuforiji).
On May 17, parties adopted their final addresses on May 17, while the court reserved for judgment.
In his judgment, Justice Liman maintained that “Charging a person under a law that was non-existent at the time of an alleged offence runs foul of the law.
“The Money Laundering Prohibition Act of 2004/2011 requires clear evidence of intent and the actual act of laundering money.
“It is difficult to prove the offence of money laundering without the predicate offence; the prosecution has failed to prove this;
“The prosecution has not proved the offence of money laundering beyond a reasonable doubt.
“Consequently, the defendants are acquitted of all the allegations of money laundering levelled against them in courts two to 54 of the charge.”
The defendants were first arraigned on March 1, 2012, before Justice Okechukwu Okeke on a 20-count charge bordering on misappropriation and money laundering.
The former Speaker and his aide had pleaded not guilty to the charge and were granted bail.
They were re-arraigned before Justice Ibrahim Buba, sequel to a re-assignment of the case.
Justice Buba had granted them bail in the sum of N500 million each with sureties in like sum.
On Sept. 26, 2014, Justice Buba discharged Ikuforiji and his aide of the charges, after upholding a no-case submission of the defendants.
Justice Buba had insisted that the EFCC failed to establish a prima facie case against them.
Not satisfied with the ruling, the EFCC through its counsel, Godwin Obla, SAN, filed the Notice of Appeal dated Sept. 30, 2014, challenging the decision of the trial court.
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.
The EFCC further argued that the lower court erred in law when it held that the provisions of Section 1 of the Money Laundering (Prohibition) Act, 2004 and 2011, only applied to natural persons and corporate bodies apart from the government.
The commission had 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.
The Lagos Division of the Court of Appeal in its judgment in November 2016, agreed with the prosecution and ordered a fresh trial of the defendants before another judge.
Following the decision of the Appeal Court, the defendants headed for the Supreme Court, seeking to overturn the ruling of the Appellate Court.
Again, in its verdict, the apex court upheld the decision of the appellate court and ordered that the case be sent back to the Chief Judge of the Federal High Court for re-assignment to another judge.
According to the charge, EFCC alleged that the defendants accepted cash payments above the threshold set by the Money Laundering Act, without going through a financial institution.
The commission accused Ikuforiji and his aide of conspiring to commit an illegal act of accepting cash payments in the aggregate sum of N338.8 million from the 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 defendants committed the offence between April 2010 and July 2011.
The offence, according to the EFCC, contravenes the provisions of Sections 15 (1d), 16(1d) and 18 of the Money Laundering Act, 2004 and 2011.
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