The Economic and Financial Crimes Commission (EFCC) has filed a notice of appeal against the ruling 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 ₦1.2 billion money laundering case.
Agbele, along with three companies linked to him and Fayose—Sylvan Mcnamara Limited, De Privateer Limited, and Spotless Investment Limited—were listed as the first to fourth respondents in the appeal.
The ₦1.2 billion is alleged to be part of ₦4.7 billion belonging to the Federal Government, reportedly transferred from an account associated with the Office of the National Security Adviser (NSA) at 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 notice of appeal, EFCC’s prosecuting counsel, Senior Advocate Wahab Shittu, listed 17 grounds of appeal and sought two reliefs from the Court of Appeal:
First, an order to allow the appeal, setting aside Justice Dimgba’s ruling and holding that the 1st, 3rd, and 4th respondents have a case to answer on counts 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24 of the amended charge.
The commission also sought an order directing the 1st, 3rd and 4th respondents to enter into their defence before the trial court on listed counts of the amended charge.
The EFCC expressed its dissatisfaction with the whole decision of the lower court, particularly paragraph 2 of the June 21 ruling.
The commission also complained about the decision which discharged and acquitted the 1st 3rd and 4th respondents on 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, dated March 5, 2024, and filed on March 7, 2024, before Justice Dimgba of the Abuja Division of the Federal High Court, among others.
The commission stated there is substantial evidence that ₦1,219 million from the National Security Adviser (NSA) account at the Central Bank of Nigeria (CBN), earmarked for security purposes and paid into the account of the second respondent by the NSA office, was unlawfully diverted by the first, third, and fourth respondents to fund Fayose’s governorship election.
The EFCC argued that the trial court made a legal error by ruling that, despite the overwhelming oral and documentary evidence admitted by the court showing the unlawful retention, transfer, and possession of various sums of money by the first, third, and fourth respondents as outlined in counts 1 to 24, the respondents still have no case to answer.