Lagos Attorney General Asks Court to Discontinue EFCC’s N1.35 Billion Alleged Fraud Case

Alex Enumah in Abuja

The Attorney General (AG) and Commissioner for Justice, Lagos State, Mr Lawal Pedro (SAN), has asked the Ikeja Special Offences Court, Lagos, to discontinue the trial of two defendants – Azubuike Ishiekwene and Olalekan Abdul, standing trial on fraud allegations to the tune of N1.35 billion.
The Notice of Discontinuance dated May 30, was brought pursuant to Section 71(1) of the Administration of Criminal Justice Law of Lagos State and under the inherent powers of the court.

“I Attorney General of Lagos State wholly discontinue the charge against the defendants pursuant to the powers conferred on the Attorney General of the state as provided under Section 211(1)(c) and 2 of the Constitution of the Federal Republic of Nigeria,” the notice read in part.
Lawal filed for discontinuance of the case after an earlier attempt to take over its prosecution failed.
Meanwhile, trial judge, Justice Mojisola Dada, has fixed July 1, 2024, for ruling on the application.
The Economic and Financial Crimes Commission (EFCC) had on January 29, 2020 arraigned Ishiekwene and Abdul on a 26-count criminal charge, bordering on conspiracy, forgery, and stealing.

They were in the charge marked: ID/11126C/19, alleged to have conspired with one Adeyinka Adewole and one Morakinyo Bolanle, who are at large, to obtain N350 million and N1 billion from Wema Bank under false pretences.
The EFCC alleged that the defendants forged a document, dated April 9, 2018, titled: ‘Board Resolutions of Cleanserve Integrated Energy Solutions Ltd’, purported to have been issued by Cleanserve Integrated Energy Solutions Limited.

The EFCC further alleged that Abdul, on December 14, 2010, presented a false board resolution of Cleanserve Integrated Energy Solutions Limited to Wema Bank to obtain a credit facility of N350 million and N1 billion at different intervals.
 Ishiekwene and Abdul, former Managing Director of Cleanserve, pleaded not guilty and were granted bail, following which trial commenced in earnest.
The EFCC opened its case in January 2020 and called several witnesses for about three years.

The defendants filed no-case submissions dated August 11 and August 15, 2023, praying the court to dismiss the charges, discharge and acquit them.
They contested the testimony of the EFCC’s witnesses, arguing that the prosecution failed to show any prima facie evidence linking them with any alleged offence.
The first defendant, in particular, told the court that he was a victim of a vendetta by EFCC elements who were disgruntled that he reported them for demanding a $20,000 bribe. The prosecution countered this argument.
In his ruling on November 17, 2023, Justice Dada upheld the EFCC’s argument that a prima facie case had been established and the defendants had questions to answer concerning the allegations.

“The no case submissions, therefore, fail and are hereby dismissed and the defendants are hereby called upon to open their defence. I so hold,”  Dada held.
The judge directed the defendants, represented by Dr. Muiz Banire (SAN) and Mr. Olumide Fusika (SAN) to open their defence.
The defendants called four witnesses before seeking that the EFCC withdraw the case.
They also applied to the Lagos State Attorney General (AG) to take over the case, a move initially resisted by the AG via a counter application to the court. The AG later withdrew the said counter application and prayed the Court to give its ruling.