By Taiye Agbaje
The Federal High Court in Abuja, on Monday, convicted and sentenced Chukwunyere Nwabuoku, former acting Accountant-General of the Federation (AGoF), to a 72-year jail term without an option of fine.
Justice James Omotosho, in a judgment, held that the Economic and Financial Crimes Commission (EFCC), through its lawyer, Ekele Iheanacho, SAN, had been able to prove the nine-count money laundering charge beyond reasonable doubt.
Jutsice Omotosho, who convicted Nwabuoku in all the nine counts, sentenced him to eight years imprisonment in each of the counts, making a total of 72 years.
The judge, however, ordered that the counts shall run concurrently beginning from Monday, March 23.
The News Agency of Nigeria (NAN) reports that Nwabuoku was admitted to a N500 million bail with two sureties in the like sum after he was arraigned on Jan. 15, 2025, on a nine-count amended charge.
The EFCC listed Nwabuoku as the sole defendant in the charge marked FHC/ABJ/CR/240/2024, which bordered on money laundering to the tune of N868 million.
In count one of the charge filed on Nov. 27, 2024, the EFCC alleged that Nwabuoku, alongside Temeeo Synergy Concept Limited (at large), Turge Global Investment Limited (at large), Laptev Bridge Limited, Arafura Transnational Afro Limited (at large), and other persons (all at large), conspired to convert funds.
The funds were said to be proceeds of unlawful activities.
The anti-graft agency said the offence was contrary to Section 18 of the Money Laundering Prohibition Act, 2011, as amended by Act No. 1 of 2012, and punishable under Section 15(3) of the same Act.
Nwabuoku was alleged to have perpetrated the act while serving as the director of Finance and Accounts in the Ministry of Defence between 2019 and 2021.
He was later appointed acting AGoF on May 20, 2022, under ex-President Muhammadu Buhari after Ahmed Idris was suspended as AGoF over alleged N80 billion fraud.
Nwabuoku, however, was removed in July 2022, a few weeks after assuming office.
Sylva Okolieaboh, a director at the Treasury Single Account (TSA) Department, replaced Nwabuoku as acting AGoF.
Okolieaboh’s appointment followed a report that Nwabuoku was under the EFCC’s radar over corruption allegations.
Delivering the judgment on Monday, Justice Omotosho said that in determining the charge, the court had one issue for determination.
“Whether the prosecution has established the charge against the defendant beyond reasonable doubt to secure his conviction?” he said.
The judge earlier dismissed the argument of Nwabuoku’s lawyer, Norrison Quakers, SAN, on inadmissibility of his client’s three confessional statements.
Quakers had argued that the defendant’s statements were not voluntarily made and did not comply with the law.
But Justice Omotosho held that in challenging the admissibility of a confessional statement on the ground of involuntariness, the best time to raise the issue is at the stage of it being tendered in evidence by the prosecution, and not on appeal by way of counsel’s submissions.
The judge, who cited a previous case delivered by the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, said if the counsel had raised an objection to the admissibility of the statement on the ground that it was not voluntarily made, the court would have conducted a trial-within-trial to determine the issue.
“At the point of tendering these statements, Exhibits PWT, PWV2 and Exhibit DWI were not objected to by defence counsel.
“This failure to raise the objections is deemed to be an admission that the statements were made voluntarily and thus raising same at this stage amounts to an afterthought.
“Consequently, this court is entitled to rely on the statements in the determination of this charge,” he ruled.
On the substantive issue, the judge said that the standard of proof is usually beyond reasonable doubt because criminal cases are a very serious specie of proceedings as the freedom and in some cases the life of the defendant is on the line if found guilty.
According to him, while the prosecution is not mandated to call a certain number of witnesses in proof of its case, it must call material witnesses to help it prove its case.
“The prosecution is not absolved of the duty placed on it by the law to prove the case beyond reasonable doubt even where the defendant has pleaded guilty to the charge,” he said.
While reviewing the counts, the judge found that the anti-graft agency had been able to prove all the ingredients essential in each of the counts to convict the defendant.
“The defendant, as the Director of Finance at the Federal Ministry of Defence, had monies entrusted to him.
“Monies meant for the security and defence of the nation. Instead, the defendant converted the monies to his use.
“The defendant expertly put the money through proxy into his portfolio account with Quantum Zenith Securities to buy and trade securities.
“This is a classic example of what money laundering does. It is the putting of dirty money into legitimate business which helps to clean the money.
“The idea behind proving a predicate offence comes from what money laundering itself means.
“As a global phenomenon, money laundering means cleaning money from unlawful source to make it look clean and legal.
“Money laundering is a global scourge that affects countries worldwide, Nigeria not being an exception.
“It has been described as the washing of illegitimate money in a bid to make it appear clean or legitimate.
“It involves the process of transforming the proceeds of crime into ostensibly legitimate money or other assets.
“Hence, any action or transaction emanating from legally obtained money cannot ground a charge of money laundering, let alone result in conviction for the offence,” he said.
Justice Omotosho observed that Nwabuoku, in Exhibit DW1, had earlier stated that the monies paid into the four corporate accounts were for secret operations.
“However, the evidence before the court all show that they were rather used for the personal use of the defendant, ‘ he said.
The judge also observed that prior to 2019, the balance in the defendant’s account from Exhibit PWG was less than N3 million but suddenly from August 2019, his portfolio grew and it began being credited with tens of millions of naira to purchase more securities.
“The timing is quite curious as it coincides with the timeline of the alleged offences.
“From the accounts of MDavi Limited (PWE), the sum of about N160 million was credited to the account of the defendant with Quantum Zenith Securities for the purchase of securities.
“All these evidence clearly proves the guilt of the defendant.
“Consequently, the defendant is convicted of count 9 of the charge,” he ruled.
The judge further observed that the evidence of the 9th prosecution witness that Nwabuoku voluntarily refunded N220 million during investigation was not controverted by the defence.
According to the judge, the defendant’s act of diverting funds meant for other purposes to his own use is quite appalling and revealing.
“This is even more concerning as it involves a very critical ministry such as the Ministry of Defence.
“These monies were probably meant to improve the security situation in the country. Unfortunately, they were siphoned into private pockets.
“I must say the defendant was ingenious in trying to hide the source of these funds by using shell companies and using friends and associates.
“However, the diligent investigation of the prosecution was able to link him to the said funds.
“This court must commend the prosecution for being detailed in its investigation and for presenting a coherent and cogent case against the defendant.
“The defendant on the other hand is condemned for greedily converting public funds to his own use.
“In final analysis, the prosecution has successfully established the nine counts charge against the defendant beyond reasonable doubt.
“The defendant is hereby convicted as charged,” he declared.
Responding, lawyer who appeared for the prosecution, Ogechi Ujam, thanked the judge for the time and industry put in to deliver the judgment.
She said the prosecution had no previous criminal record of the convict.
Justice Omotosho then asked the lawyer what the law says about the punishment of the offence.
Ujam, who cited Section 15(3) of the Money Laundering Act, 2011, said it provided for not less than seven years or not more than 14 years jail term in each of the count.
Isidore Udenko, who represented the former AGoF, pleaded for leniency.
“My lord, the defendant is a first offender. He is a man that had served this country for 35 years at the highest level.
“He has shown remorse and he has an aged mother as the only son.
“In showing remorse, he has refunded part of the money to the prosecution and throughout the trial, he was diligent and did not offend the court,” Udenko begged.
The judge said the Supreme Court had also decided that the defendant himself should be allowed to make allocution (plead for mercy) why the court should not give the maximum sentence.
Responding, Nwabuoku also begged the court to temper justice with mercy.
“My Lord, I have served for 35 years and retired. In all these years, I have been diligent.
“It is not as if I converted any money but I have returned some from my shares.
My lord, I will plead for leniency,” he said.
Nwabuoku, however, pledged to refund the remaining part of the money.
“But you said at a point that the refund was not coming from,” the judge responded to the defendant’s plea to refund the remaining part of the money.
“What I meant was that the refund was not voluntary; I was compelled,” he said.
But his lawyer suddenly cut in and said: “My lord, what the defendant is saying is that he is remorseful and whatever remains, he is ready to refund.”
“At this level, we have gone beyond issues of refund,” the judge said.
The EFCC lawyer then urged the court to sentence the convict in accordance with the law and to order the forfeiture of the property.
Justice Omotosho, after listening to the lawyers and the defendant, sentenced Nwabuoku to eight years imprisonment in each of the nine counts which shall run concurrently.
“The sentence shall start to run from today the 23 day of March, 2026 and shall run concurrently.
“The prosecution is at liberty to file formal application for forfeiture of applicable assets and properties,” the judge ruled.
The judge said the EFCC should file the application for forfeiture of the affected property and that the defence would respond accordingly before a final order is made.
“You can bring the post-conviction application so that the defence too can respond appropriately because he is entitled to fair hearing and we will ensure that,” he said.
NAN reports that on Jan. 31, 2025, the 1st prosecution witness (PW-1), Eucharia Ezeodi, a Zenith Bank Plc staff member and PW-2, Felix Nweke, a director in the federal civil service, gave their testimonies against the defendant.
The anti-graft agency, however, closed its case after calling nine witnesses to establish its case against Nwabuoku.
Justice Omotosho had, on Nov. 13, 2025, dismissed Nwabuoku’s no-case submission, which he opted for after the prosecution closed its case.
The judge, in a ruling, held that a prima facie case had been made out against Mr Nwabuoku by the EFCC to warrant him to enter his defence.
Nwabuoku, who opened his defence on Feb. 2, prayed the court to acquit and discharge him of the alleged N868.46 million fraud case preferred against him by the anti-graft agency.
Led in evidence by his lawyer, Mr Quakers, the former AGoF denied being a signatory to some companies allegedly linked to him.
Nwabuoku had, in February 2025, opted for a plea bargain but later changed his mind.
The ex-AGoF was earlier arraigned with Felix Nweke, who worked under him in the Federal Ministry of Defence.
Both defendants, on Oct. 14, 2024, equally opted for a plea bargain agreement with the EFCC, which was eventually not carried through.
The commission, subsequently, amended the charge and listed Nwabuoku as the sole defendant, with Nweke as one of its witnesses.(NAN)(www.namnews.ng)
Edited by Sadiya Hamza