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| NDULUE |
After five years of legal battles, an Ikeja Special Offences Court has acquitted and discharged Azubuike Ishiekwene, Chairman of Cleanserve Integrated Energy Solutions, and Olalekan Abdul, its Managing Director/CEO, of all charges related to an alleged N1.3 billion fraud and forgery case.
The Economic and Financial Crimes Commission (EFCC) had arraigned the two executives on a 26-count charge, including conspiracy, forgery, use of false documents, stealing, and financial misconduct.
However, Justice Mojisola Dada ruled in their favour, citing a lack of evidence to support the claims.
Background of the Case
The case originated from a petition by Chris Ndulue, a former Managing Director of Arik Air, who claimed he was a director at Cleanserve.
However, investigations revealed that Ndulue was neither listed as a director in the Corporate Affairs Commission (CAC) nor had a valid proxy.
Despite this, the EFCC pressed charges, leading to a prolonged trial that saw nine prosecution witnesses and four defence witnesses testify.
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| AZUBUIKE |
Ishiekwene and Abdul were arraigned on January 30, 2020, and pleaded not guilty to all charges.
The defence was led by Adeyinka Olumide-Fusika (SAN) for Abdul and Dr Muiz Banire (SAN) for Ishiekwene.
Bribery Allegations Against EFCC Operative
During the trial, a shocking revelation emerged: an EFCC operative allegedly demanded a $20,000 bribe from the defendants to “kill the case."
The defendants reported the demand to then-EFCC Secretary, Ola Olukoyede, who authorized a sting operation.
The officer was reportedly caught, and the sum was recovered.
However, rather than taking disciplinary action, then-EFCC Chairman Ibrahim Magu dismissed the findings, reassigned the operative, and turned the case against the defendants.
Lagos State Attorney-General Intervenes
Given the complexities and allegations of misconduct, the Lagos State Attorney-General (AG), Lawal Pedro (SAN), took over the case.
Following a review, his office filed a notice of discontinuance under Section 211 (1) (C) of the Constitution.
Despite an initial objection, EFCC's lead prosecutor, Franklin Ofoma, eventually agreed to drop 20 of the 26 counts.
The remaining six counts were restructured into an amended charge on October 24, 2024.
By January 30, 2025, the Attorney-General of the Federation (AGF), Lateef Fagbemi (SAN), had taken over and sought to withdraw the remaining charges under Section 108 (1) of the Administration of Criminal Justice Act (ACJA), 2015.
Court Verdict and Key Findings
In her ruling on March 5, 2025, Justice Mojisola Dada discharged and acquitted the defendants under Section 73 (1) and (11) of the Administration of Criminal Justice Law (ACJL), 2021.
The court also considered expert testimonies, including that of Chief Reginald Udunze, a forensic handwriting expert and retired Deputy Superintendent of Police.
His analysis dismissed the forgery allegations, confirming that the contested signatures and documents were authentic.
Additionally, a witness from Bond Global Energy Projects Ltd, Alima Yusuf, refuted claims that Cleanserve obtained credit fraudulently.
Instead, she revealed that Cleanserve owed Bond Global N4.6 billion from previous business dealings and that the dispute had been resolved in civil court.
During cross-examination, Ndulue admitted under oath that he had paid millions of naira in bribes to former Deputy Inspector General of Police, Michael Ogbizi, to forcefully take over Cleanserve.
Armed police officers allegedly arrested and detained Ishiekwene and Abdul during a board meeting at Radisson Blu, Ikeja.
While they were in custody, Ogbizi imposed Ndulue as Cleanserve’s Managing Director.
Legal Fallout and Appeal Court Developments
The case's complexity deepened when it was revealed that Ndulue had secured conflicting court orders to override an earlier Court of Appeal decision.
The Court of Appeal had appointed its Deputy Court Registrar (DCR) as Receiver/Manager of Cleanserve, effectively removing Ndulue.
However, Ndulue obtained new orders from two judges at the Federal High Court to counter this decision and retain control.
The discovery of this manoeuvre led Cleanserve’s legal team, led by Babajide Koku & Co., to withdraw their representation.
In an affidavit, they claimed they were unaware of Ndulue’s actions and distanced themselves from his legal manoeuvres.
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