A Federal High Court sitting in Abuja on Wednesday ordered the Economic and Financial Crimes Commission (EFCC) to produce the Bauchi State Commissioner for Finance, Mr Yakubu Adamu, in court on Dec. 30 for arraignment over an alleged N4.6 billion money laundering offence.
Justice Emeka Nwite issued the order following the failure of the anti-graft agency, for the second consecutive time, to present the defendant for plea-taking.
The judge warned that sanctions would be imposed on the prosecuting counsel should the defendant fail to appear on the next adjourned date.
Adamu is standing trial alongside a firm, Ayab Agro Products and Freight Company Ltd, listed as first and second defendants respectively, in a six-count charge marked FHC/ABJ/CR/694/2025.
According to the charge filed by the EFCC on Dec. 19, the defendants are accused of laundering about N4.65 billion between June and December 2023.
The prosecution alleged that Adamu, while serving as Branch Manager of Polaris Bank Ltd in Bauchi, conspired with Mr Ishaku Mohammed Aliyu, Managing Director of Makayye Investment Resources Ltd, and Mr Muntaka Mohammed Duguri, who are said to be at large.
The EFCC alleged that the funds were released by Polaris Bank under the pretext of financing the supply of motorcycles to the Bauchi State Government through Emmanuel Asomugha General Enterprises.
It further alleged that the motorcycles were never supplied, thereby constituting an offence contrary to Section 21(a) and punishable under Section 21 of the Money Laundering (Prevention and Prohibition) Act, 2022.
Another count accused the defendants of unlawfully retaining and transferring proceeds of crime through nominees and third parties, including the alleged transfer of N165.9 million to Ayab Agro Products and Freight Company Ltd.
The EFCC said the offences were contrary to and punishable under relevant provisions of the Money Laundering (Prevention and Prohibition) Act, 2022.
The matter was initially fixed for arraignment on Tuesday but could not proceed due to the absence of both the prosecution and the defendants, despite the presence of defence counsel in court.
When the case was called again on Wednesday, Adamu was still not present.
Counsel to the EFCC, Mr Samuel Chime, apologised for the absence of the prosecution at the previous sitting and applied for an adjournment, explaining that the commission intended to amend the charge to include additional suspects.
“If my lord will notice, the defendant is not in court because we intend to amend the charge and bring in other defendants who are currently at large,” Chime said.
He added that the suspects had written to the EFCC, indicating their willingness to honour invitations.
Chime also applied for an extension of the remand order, which he said was about to expire, to enable the commission arraign all defendants together on Dec. 30.
However, lead defence counsel, Chief Gordy Uche, SAN, opposed the application, arguing that it was not made in good faith.
Uche submitted that the charge before the court was ripe for arraignment, noting that the prosecution could amend the charge at any stage before judgment.
He further argued that the filing of the charge presupposed that investigations had been concluded, adding that the EFCC had already responded to a bail application without indicating that investigations were ongoing or that additional suspects were being sought.
“My lord, this matter is ripe for arraignment and for the hearing of the bail application,” he said.
Uche also drew the court’s attention to the wider implications of Adamu’s continued detention, noting that he is the serving Commissioner for Finance in Bauchi State.
He claimed that the detention had disrupted government operations, alleging that over 60,000 workers in the state had yet to receive their salaries.
Responding, Chime maintained that investigations had been concluded and insisted that the prosecution only sought a uniform arraignment of all defendants.
Justice Nwite, however, expressed displeasure with the conduct of the prosecution, questioning the rationale behind filing a charge without producing the defendant.
“In as much as you are not ready, why will you bring the charge? I detest this absolutely,” the judge said.
He described the prosecution’s conduct as unfair and unprofessional, warning that severe sanctions would be imposed should the EFCC fail to produce the defendant on the next adjourned date.
“This is unfair and uncalled for. If you do not bring the defendants, I will descend very heavily on you. Go and tell your chairman,” the judge warned.
In adjourning the matter to Dec. 30, Justice Nwite reiterated his displeasure and cautioned that the court would not tolerate further default.
“It is unfair to file a charge and fail to bring the defendant for arraignment. If they fail to bring the defendant on the next adjourned date, I will not take it lightly,” he said.
