The Federal High Court in Abuja has discharged and acquitted a former Head of Service of the Federation, Winifred Oyo-Ita, of alleged N570 million money laundering charges filed against her by the Economic and Financial Crimes Commission.
Justice James Omotosho, in his ruling on Tuesday, upheld the no-case submissions filed by Oyo-Ita and eight co-defendants, holding that the EFCC failed to establish a prima facie case against them after about six years of trial.
The judge described the anti-graft agency’s case as one built on the quicksand of speculations, suspicions and shoddy investigation. He added that the prosecution failed to establish the predicate offences required to prove money laundering allegations.
Justice Omotosho held that crucial elements of money laundering offences, including the establishment of a predicate offence, were glaringly absent in the case presented by the prosecution. He also ruled that the prosecution failed to prove that funds allegedly traced to Oyo-Ita were proceeds of unlawful activities.
According to the judge, evidence before the court showed that contracts linked to the allegations were duly approved and executed. He also noted that estacodes, duty tour allowances and air tickets allegedly received by Oyo-Ita were properly approved.
“There is no proof before the court that estacodes or duty allowances were approved and subsequently collected without the corresponding trips being undertaken,” the judge said.
He faulted the prosecution for failing to tender travel approvals, official memos, audit queries or other documentary evidence to support its allegations, stating that the prosecution had effectively invited the court to engage in speculation.
Justice Omotosho further held that Oyo-Ita was neither a director nor shareholder in the companies allegedly linked to the transactions under investigation. He ruled that the prosecution did not provide any shred of evidence to show that the monies were tainted with illegality.
The judge also rejected confessional statements allegedly obtained from Oyo-Ita and some co-defendants, ruling that they were not obtained in compliance with provisions of the Administration of Criminal Justice Act. He held that the prosecution failed to produce video recordings of the statement-taking sessions as required by law and subsequently expunged the statements from evidence.
The EFCC had arraigned Oyo-Ita and others in March 2020 over allegations bordering on fraud involving duty tour allowances, estacodes and contract kickbacks amounting to about N570 million. During the trial, the commission called eight witnesses and tendered documentary exhibits.
Oyo-Ita was removed from office by the administration of the late President Muhammadu Buhari in September 2019 amid corruption allegations.
