Justice Inyang Ekwo ruled on Thursday that the Economic and Financial Crimes Commission failed to prove allegations against the eight defendants beyond reasonable doubt in the 43-count charge filed in December 2016. The case involved alleged fraudulent dealings connected to OPL 245, with the EFCC claiming about $1bn and N673m were involved in money laundering offences.
The judge criticised the EFCC for proceeding with charges despite a 2018 letter from the Office of the Attorney-General of the Federation, then headed by Abubakar Malami, advising against prosecution due to insufficient evidence. Justice Ekwo found that the investigation had not been concluded before the defendants were charged, contrary to legal requirements.
The judge stressed that no prosecuting agency held a position higher in law than the Attorney-General of the Federation. He said the prosecution ought not to have filed charges against the advice of the nation's chief law officer and that courts should not endorse situations where government agencies worked at cross purposes.
In a separate case, Justice Ekwo also discharged Abubakar of five counts involving alleged N300m money laundering, finding the EFCC had failed to establish the allegations. The case initially involved former Attorney-General Mohammed Adoke, who was discharged in April 2024 after a successful no-case submission.