Court Orders EFCC To Present Detained Finance Commissioner In Court.

The Federal High Court in Abuja, on Wednesday, directed the Economic and Financial Crimes Commission (EFCC) to present Yakubu Adamu, the Commissioner of Finance in Bauchi State, before the court on Dec. 30 for arraignment over an alleged N4.6 billion money laundering case.

Justice Emeka Nwite issued the order after the EFCC’s counsel, Samuel Chime, failed to bring Adamu to court to enter his plea, warning that he would sanction the prosecuting lawyer if he did not appear with the defendant on the next adjourned date.

The News Agency of Nigeria (NAN) reports that although Adamu, together with a firm, Ayab Agro Products and Freight Company Ltd, had been scheduled for arraignment on Tuesday, proceedings could not continue due to the absence of both the EFCC’s counsel and the defendants.

However, the legal team representing the defendants, led by Chief Gordy Uche, SAN, was present in court.

Justice Nwite subsequently postponed the case to Dec. 24 for the defendants to take their plea.

When the matter was called again on Wednesday for the plea to be taken, Adamu was still not present in court.

Chime then apologised for his failure to be present in court the previous day.

He explained that although the matter had been fixed for arraignment that day, the prosecution encountered certain challenges.

He stated: “If my lord will notice, the defendant is not in court in that we intend to amend our charge and bring in other defendants who are at large in the charge.”

The lawyer added that the two individuals listed as “being at large” had written to the anti-graft agency indicating that they would be honouring their invitation, which made it necessary to amend the charge against Adamu and include the others.

Chime further explained that since the remand order obtained was due to expire, he was applying for an extension to enable them to present all the defendants for arraignment on Dec. 30.

In response, Uche, who represented the defendants, strongly opposed Chime’s request for an adjournment.

He argued that the application was not made in good faith.

He stated: “We feel that the prosecution can amend the charge at any time before judgment.”

He continued: “As of today, there is a charge before the court against the defendant which the defendant can take a plea on while the prosecution can amend at any time.”

The senior lawyer stressed that it was within the prosecution’s right to include as many defendants as it wished.

He added that since a charge was already before the court, “it presupposes that the investigation has closed.”

According to him, it was also important to note that a bail application had been filed, and the prosecution had submitted a counter-affidavit.

Uche argued that at the time the commission responded to their bail application, it did not indicate that the investigation was ongoing or that other suspects were being sought.

He insisted that the case was ready for arraignment and for the bail motion to be heard by “my lord.”

He therefore requested that the matter be stood down to allow Adamu to be produced to take his plea.

He stated: “My lord, the 1st defendant is the commissioner of Finance for Bauchi State.”

He added that since his detention, more than 60,000 workers had not been paid.

He warned that the workers might go on Christmas break without salaries, stressing that the impact went beyond one individual.

He said: “The entire Bauchi State has been shut down.”

Uche further explained that immediately after receiving Tuesday’s proceedings, he ensured that the prosecution was served the next day to reflect the urgency of the matter.

He added: “And they want the workers to go without salaries.”

He stressed that the situation was extremely serious and informed the court that the Attorney-General of Bauchi State was present and could also address the matter.

He added that the issue went beyond the Dec. 30 date requested by the prosecution.

Chime told the court that he was only asking for an adjournment to allow for a uniform arraignment of all defendants, insisting that the investigation had already been concluded.

The judge then asked: “So why didn’t you wait for this before filing this charge?”, but Chime explained that the two suspects had appeared at their Bauchi office the previous day.

The judge asked again: “So what assurance are you given me that you will produce them on next adjourned date?”

Chime replied: “If they are not here my lord, we will proceed.”

Justice Nwite expressed displeasure at Chime’s response, stating: “In as much as you are not ready, why will you bring the charge? I detest this absolutely.”

Chime apologised, saying: “We are sorry my lord.”

However, Uche maintained that the case should be stood down so that Adamu could be brought to court, arguing that the defendant’s liberty was at stake.

The judge then asked Chime: “Now I asked you what will you undertake if the other defendants were not here on the next adjourned date?”

The EFCC’s lawyer reiterated: “We will go with the defendant’s arraignment.”

Justice Nwite criticised the prosecution’s conduct, stating: “This is not fear what you people are doing. It is uncalled for and quiet unprofessional.”

He continued, addressing Uche: “Learner silk, whatever be the case, I will, and I will, I am saying this with double ‘I will,’ if he did not bring the defendants, I will descend very heavily on him (Chime), go and tell your chairman (EFCC chairman).”

Justice Nwite adjourned the matter to Dec. 30 and warned that he would sanction the prosecuting counsel if he failed to comply.

He stated: “I have listened to the submission of the prosecution and I have also listened to the submission of counsel for the defendants.”

He added: “I, however, expressed my displeasure over the prosecution’s attitude. It is unfair that they will file a charge and fail to bring the defendant for arraignment.”

He concluded: “I must say that if they fail to bring the defendant on the next adjourned date, I will not take it lightly with them.”

NAN reports that Adamu is the 1st defendant, while Ayab Agro Products and Freight Company Ltd is the 2nd defendant in the six-count charge marked: FHC/ABJ/CR/694/2025.

The charge was dated and filed on Dec. 19 by Chime of the Legal and Prosecution Department of the EFCC.

In count one, Adamu, while serving as the Branch Manager of Polaris Bank Ltd in Bauchi, alongside Ishaku Mohammed Aliyu, Managing Director of Makayye Investment Resources Ltd (now at large), and Muntaka Mohammed Duguri (now at large), was alleged to have conspired to commit the offence sometime between June 2023 and December 2023.

They were accused of facilitating and agreeing to the conversion, transfer, concealment and use of funds amounting to about N4,650,000,000.00, which was provided by Polaris Bank under the guise of financing the supply of motorcycles to the Bauchi State Government through Emmanuel Asomugha General Enterprises.

“The motorcycles were not supplied, and you thereby committed an offence contrary to Section 21(a) and punishable under Section 21 of the Money Laundering (Prevention and Prohibition) Act, 2022,” the count read in part.

Count six alleged that Adamu, Aliyu and Duguri retained and caused the transfer of proceeds of an unlawful act to nominees and third parties, by ensuring that parts of the funds linked to the Polaris Bank facility were paid and circulated through third-party accounts sometime in 2023.

It further claimed that these transfers included one made through I.S. Makayye Investment Resources Ltd and the transfer of ₦165,900,000.00 to Ayab Agro Products and Freight Company Ltd.

The funds were said to form part of the proceeds of an unlawful act.

The offence is contrary to Section 20(a) and punishable under Section 20 of the Money Laundering (Prevention and Prohibition) Act, 2022, among other counts.