The Economic and Financial Crimes Commission (EFCC), on Monday, arraigned a former employee of Union Bank Plc, Abdulmalik Salau, alongside Ismaila Yousuf Atumeyi and Ngene Joshua Dominic before Justice Tjinani Ringim of the Federal High Court sitting in Ikoyi, Lagos on an 18-count charge bordering on an alleged cybercrime and money laundering to the tune of N1.4 billion.
Atumeyi is the Kogi State House of Assembly candidate of the New Nigeria Peoples Party (NNPP) for Ankpa 11 Constituency.
One of the counts read: “That you, Abdulmalik Salau, between August and October, within the jurisdiction of this Honourable Court, without lawful authority, directly caused modification of data held in the network of Union Bank Plc leading to the fraudulent transfer of the total sum of N1, 403, 343, 400.00( One Billion, Four Hundred and Three Million, Three Hundred and Forty-three Thousand, Four Hundred Naira, ) to the account of FAV Oil and Gas Limited and you thereby committed an offence contrary to and punishable under Section 16(1) of Cybercrimes( Prohibition, Prevention, etc.) Act, 2015.”
Another count read: “That you, Ismaila Yousuf Atumeyi, Ngene Joshua Dominic and Abdulmalik Salau, between August and October, within the jurisdiction of this Honourable Court, conspired among yourselves to directly conceal the sum of N1, 403, 343, 400.00( One Billion, Four Hundred and Three Million, Three Hundred and Forty-three Thousand, Four Hundred Naira, ) in the account of FAV Oil and Gas Limited, which sum you reasonably ought to have known forms part of the proceeds of your unlawful activity and you thereby committed an offence contrary to Section 18( a) , 15 (2) of the Money Laundering Prohibition Act, 2011, as amended and punishable under Section 15(3) of the same Act.”
The defendants, however, pleaded “not guilty” to the charges preferred against them by the EFCC.
In view of their pleas, the prosecution counsel, Rotimi Oyedepo, SAN, said: “By virtue of the Section 273 of the Administration of Criminal Justice Act, ACJA, the defendants, having pleaded ‘not guilty’ to all the allegations contained in the charge, are deemed to have put themselves up for trial.
“Therefore, we will, with all humility, ask your Lordship for the acceleration of this trial.
“My Lord, the Section 300 of the ACJA also expects the prosecution to give a very brief summary of the case it has against the defendants.
“We have listed six witnesses through whom the prosecution will explain to the court how the defendants agreed among themselves to hack into the database of Union Bank Plc, transferred funds belonging to the Bank and its customers and used the proceeds of this unlawful activity to acquire properties for themselves.
“My Lord, the prosecution will also show to the court how the third defendant, being a former staff of Union Bank Plc, and working with the others, succeeded in hacking into the database of the bank.
“The defendants, in different installments, moved the sum of over N1.4 billion into the accounts of FAV Oil and Gas Limited and Atus Homes Limited.
“The exhibits that the prosecution will tender include the documentary exhibit that shows that the sum of $480,000 was found in the possession of the third defendant, and that the sum of N326, 400 million cash was found in a black Escalade car in the possession of first and second defendants.
“My lord, the case is such that, in its nature, requires the cooperation of both the prosecution and the defence team to see its expeditious determination.
“I, therefore, urge your lordship, pending the determination of the case, to remand the defendants in a correctional facility, where adequately trained personnel will see to their welfare and wellbeing.”
In his response, Bolaji Ayorinde, SAN, counsel to the first and second defendants, Ismaila Yousuf Atumeyi and Ngene Joshua Dominic, respectively, argued that “no iota of evidence has been admitted against the first and second defendants.
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“Having pleaded ‘not guilty’ to the charges, they are constitutionally and legally under the presumption of innocence until otherwise determined by the court.
“In order to further the presumption of innocence of the first and second defendants, we filed on November 30, 2022 an application for bail seeking your lordship’s admission to bail of the first and second defendants pending the hearing and determination of the charge against them.
“The prosecution has responded to the application by serving on the first and second defendants a counter filed on December 5, 2022.
“In order to cooperate with an expeditious and speedy dispensation of the case, we are prepared to move the application for bail.
“The application for bail for the first and second defendant is ready for hearing. The summons for bail is dated November 30, 2022. Since it seeks admission of the defendants to bail in very liberal terms, the grounds of the application are well stated in the summons,” he stated.
Ayorinde, who described the offence as bailable, said the defendants, “who were arrested and detained as far back as November 1, 2022,” would not jump bail.
“They do not have the capacity to interfere with the evidence,” the lawyer added.
While adopting the submissions contained in the written address, he prayed the court to grant the application for bail for the first and second defendants.
In his response, the prosecution counsel, Oyedepo, however, told the court that Ayorinde had not replied to the counter-affidavit to the bail application.
In his ruling, Justice Ringim ordered Ayorinde not to make further submission on the bail application, saying he had not replied to the counter-affidavit to the bail filed by the prosecution.
The judge, therefore, adjourned the matter till Tuesday for ruling on the bail application of the first and second defendants.
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