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 the 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 the 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 evidence adduced during the trial showed that Ikuforiji and Atoyebi made and accepted cash payments without passing through financial institutions, in contravention of the 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 the 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.
The News Agency of Nigeria (NAN) reports that no date has been fixed for the 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 the 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.