By Vivian Okejeme,, Abuja
Justice Ahmed Mohammed of the Federal High Court Abuja, has discharged and acquitted a former Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Mr Andrew Yakubu of money laundering charges.
The federal government arraigned the ex NNPC Boss on March 16, 2017, on a six-count charge of fraud having admitted owning over $9.8 million cash found in a house that also belongs to him in Kaduna state.
The Economic and Financial Crimes Commission (EFCC) had on the strength of a tip-off by a whistleblower, raided Yakubu’s guest house situated at Sabon Tasha, Kaduna State in 2017 and discovered the sum of $9.7million and £74,000 which he hid in a fireproof safe inside the house.
The antigraft agency alleged that Yakubu had between 2012 and 2014, without going through a financial institution, received cash payments of $9, 772, 800 and £74, 000, and thereby committed an offence contrary to section 1 of Money Laundering (Prohibition) Act 2012 and punishable under section 16(2) of the Act.
In the course of the trial, the prosecution called six witnesses to prove it’s case against Yakubu, after which the Defendant entered a no-case submission.
Ruling on the application, the Court upheld the no-case submission on counts 5 and 6 only and ordered him to open defense on other charges.
Protesting, Yakubu approached the Appellate court for redress, however, the appeal court, on April 24, 2020, further dismissed counts one and two and ordered him to enter defence at the trial court on counts 3 and 4 of the charge.
Efforts by the EFCC to amend counts three and four was rejected by Justice Mohammed in a ruling on June 17, 2021.
Justice Mohammed in his ruling, Thursday, held that Section 1(a) of the Money Laundering Act, forbids cash payment of over N5m for and individual and N10m for corporate body without going through a financial institution.
According to the court,the onus was on the prosecution to prove it’s case that will enable the court convict Yakubu on both counts.
The court further held that during trial, prosecution witnesses 1, 2, 5, and 6, all testified that the money was recovered from the house of the defendant.
In his defence, Yakubu said the money was gifts and goodwill, thanksgiving services, he got between 2010 and 2014 from friends and well wishers during occasions.
He maintained that the monies were giving to him in tranches that did not exceed USD10, 000 and 5,000 Pounds sterling.
The ex NNPC Boss confirmed that the monies belong to him and that he kept the money to decide on what to do with it upon retirement.
In its ruling, the court noted that over 25 years, the defendant had reason to travel abroad and received estacodes, which he saved.
It held that the move to amend counts 3 and 4, “cast a reasonable doubt” on the case of the prosecution.
The court agreed with the defence counsel that the prosecution failed woefully to prove that the monies were given to Yakubu in one fell swoop or as a whole, and not in bits that exceeded the N5million threshold.
According to the court, a prudent investigator ought to have called all those Yakubu mentioned as sources of the money to testify, “but that the prosecution did not do”.
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