The trial of former Executive Secretary of the National Health Insurance Scheme (NHIS), Oluwafemi Thomas, and bureau de change operator Kabiru Sidi, on a four-count charge bordering on money laundering, has been adjourned until May 15 and May 16 by a Federal High Court in Lagos.
The Economic and Financial Crimes Commission (EFCC) is prosecuting the defendants, who were first arraigned in 2016 before Justice Saliu Saidu, but the case was later reassigned to Justice Ayokunle Faji after Saidu was transferred from the Lagos division of the court.
The defense has opened its case and is still giving evidence in court. During the last hearing on Monday, Mr. Ekene Iheanacho appeared for the prosecution, while Mr. O. Gbolahan represented the first defendant. The second defendant, however, informed the court of the absence of his counsel due to ill health.
The prosecutor expressed dissatisfaction with the situation, stating that he had come in from Abuja the previous week hoping to take this case. Nevertheless, he said that he would accept an adjournment. While noting that the second defendant was entitled to be represented by a counsel, the court also noted that the defendant had narrated to the court his efforts to secure a counsel.
The case was adjourned until May 15 and 16, with the court urging the defendant to ensure he is present in court with his counsel on the next date. The charge against the defendants has been amended several times, with the defendants taking fresh pleas on each amendment. They were re-arraigned on March 6, 2019. The prosecution closed its case in January 2020 after calling six witnesses and tendering 26 exhibits.
On their part, the defense filed a no-case submission, arguing that the prosecution had not made out any prima facie case against them to warrant them opening their defense. However, the no-case submission failed, as Justice Faji on March 13, 2020, dismissed their application and ordered the defense to open its case. An appeal against the ruling of the trial court also failed at the appellate court, which delivered judgment on Sept. 30, 2021.
The defense was thus asked to open its case, which is now ongoing. In the amended charge numbered FHC/L/457C/2015, The EFCC alleged that the first defendant and his wife, who is said to be at large, had on July 3, 2015, conspired to move out of the court’s jurisdiction the sum of 2.19 million dollars, said to be proceeds of unlawful activities.
The defendant was said to have procured the assistance of one Bamidele Ibitoye to help move the money, which were proceeds of his alleged unlawful enrichment as a public servant without going through a financial institution. They were alleged to have concealed the origin of the said sum.
The defendants were also alleged to have made a cash payment of the said sum to the said Ibitoye without going through any financial institutions. The second defendant was alleged to have on July 15, 2015, made a false statement to Mr. Afeez Mustapha, an investigating Officer with the EFCC, that he was the owner of the said sum of money.
The offences contravene the provisions of sections 15 (2), 15(3), and 16(2) of the Money Laundering (Prohibition) Act, 2011.
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