THE Economic and Financial Crimes Commission (EFCC) has lodged an appeal to contest the decision of Justice Nnamdi Dimgba of the Federal High Court, which acquitted Abiodun Agbele, an associate of former Ekiti State Governor Ayodele Fayose, and three others in a ₦1.2bn money laundering case brought against them by the commission.
Agbele and three companies linked to him and Fayose – Sylvan Mcnamara Limited, De Privateer Limited, and Spotless Investment Limited – were identified as the first to fourth respondents in the appeal.
The ₦1.2bn in question is reported to be part of ₦4.7 billion that belonged to the Federal Government, allegedly transferred from an account associated with the Office of the National Security Adviser (NSA) in the Central Bank of Nigeria.
On June 21, 2024, Justice Dimgba upheld Agbele’s no-case submission, ruling that he had no case to answer.
In the appeal, the EFCC, represented by Senior Advocate Wahab Shittu, listed 17 grounds for appeal and requested two reliefs from the Court of Appeal:
1. An order to set aside Justice Dimgba’s ruling and instead find that the first, third, and fourth respondents have a case to answer on multiple counts (counts 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 1 4, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 ) of the amended charge.
2. An order compelling the first, third, and fourth respondents to present their defense in court on the specified counts of the amended charge.
The EFCC expressed disappointment with the lower court’s decision, particularly paragraph 2 of the June 21 ruling.
Furthermore, the commission criticized the ruling that acquitted the first, third, and fourth respondents on numerous counts (1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 1 4, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 ) of the amended charge.
The commission noted there is overwhelming evidence that N1,219 million from the account of the National Security Adviser (NSA) of Nigeria domiciled with CBN and earmarked for security purposes and paid into the account of the 2nd respondent by the office of the NSA was unlawfully diverted by the 1st, 3rd and 4th respondents to fund Fayose’s governorship election.
The EFCC argued that despite substantial evidence indicating the inappropriate retention, transfer, and possession of money by the first, third, and fourth respondents, the trial court incorrectly concluded that they had no case to answer.
