For failing to comply with a court judgment to release his $9.8 million, a former Group Managing Director of the old Nigerian National Petroleum Corporation (NNPC), Dr Andrew Yakubu, has taken the Economic and Financial Crimes Commission, the Central Bank of Nigeria and Guarantee Trust Bank to court.
Counsel to Yakuku, Mr Ahmed Raji (SAN) had filed the suit before Justice Inyang Ekwo of a Federal High Court, Abuja, demanding a release of his money.
According to the originating summons no. FHC/ABJ/CS/231/2023, dated and filed on March 8, the EFCC, CBN and GTB were listed as 1st to 3rd defendants respectively.
Persecondnews recalls that Justice Ahmed Mohammed of a Federal High Court had on March 31, 2022, discharged and acquitted the ex-NNPC GMD of a money laundering charge.
But in a motion dated March 20 and filed on April 12 by Mr Faruk Abdullah, the EFCC had argued that the suit constituted an abuse of the court process and that it lacked the jurisdiction to entertain the case.
While relying on the earlier processes filed before the court where it raised the issue of jurisdiction, the EFCC asked the court to strike out the suit.
In the affidavit in support of the motion deposed to by Mr Sambo Mayana, a detective with the commission, EFCC averred that most of Yakubu’s depositions did not reflect the correct position of the case.
According to the commission, an appeal had already been filed in appeal number: CA/ABJ/CR/653/2022.
The EFCC said there were other appeals arising from the case pending at the Supreme Court with appeal number: SC/CR/241/2020, between the Federal Government and Yakubu, and appeal number: $C/CR/223/2020 between Yakubu and Federal Government.
The EFCC argued that while parties were awaiting a date for hearing of the case at the Supreme Court, Yakubu brought an application before the apex court to direct the commission to deposit the monies in a bank account to be managed by the Registry of the Supreme Court.
It said Yakubu, by this present suit, replicated his application at the Supreme Court and sought same to be determined by this court.
The commission had brought counts three and four against Yakubu which bordered on failure to make full disclosure of assets, receiving cash without going through a financial institution and intent to avoid a lawful transaction in alleged violation of Section 1(1) of the Money Laundering Act, 2011.
It said the offences were punishable under Section 16 (2) (b) of the Act.
Yakubu had pleaded not guilty to all the counts.