Ex-NNPC GMD, Andrew Yakubu discharged, aquitted of $9.8m corruption charges

A Federal High Court in Abuja, on Thursday, discharged and acquitted former Group Managing Director (GMD), Nigeria National Petroleum Corporation (NNPC), Andrew Yakubu, of the $9.8m Corruption charges brought against him by the Federal Government.
The court held that the Economic and Financial Crimes Commission EFCC which put Yakubu on trial for five years failed woefully to establish that he accepted the money over and above the threshold allowed by law.
Justice Ahmed Ramat Mohammed in a judgment ordered that the foreign currency seized from the defendant in 2017 and kept at the Central Bank of Nigeria (CBN) be returned to him forthwith.
Justice Mohammed in the judgment further said that the evidence of the witnesses of the anti graft agency created gaps of doubts which in law, must be resolved in favour of the defendant.
In the court’s judgment, the judge held that the prosecution failed to establish the necessary ingredients of the charges to warrant the conviction of the former NNPC Chief.
“The evidence of the defendant (Yakubu) on how he came about the money was not only credible but reliable,” the judge said, adding “the prosecution failed to contradict the evidence as required by law.”
Justice Mohammed held that the EFCC ought to have investigated Yakubu’s claims that the money came as gifts from his friends, “but unfortunately and for reasons best known to it, the prosecution did not do that,” the judge said.
“To worsen the situation, the prosecution assumed that the money was received in one fell swoop as against the evidence of the defendant that he got the money in piecemeal as gifts from his friends when he retired from service in 2014.”
“It is a huge error that the prosecution did not tender the money as exhibit throughout the trial but made futile efforts after it had closed its case,” the judge noted
“In all, the defendant’s evidence cast a huge doubt on that of the EFCC and the doubt must be resolved in his favour,” the judge said.
The judge agreed with Yakubu’s defence that the funds were received as gifts in aggregate form and not “in one fell swoop” as provided in the Money Laundering Prohibition Act of 2011.
Justice Mohammed dismissed the EFCC’s argument that the funds were proceeds of crime, having not passed them through any financial institution.
Consequently, the judge ordered the immediate return of the confiscated sum of $9,772, 800 and another £74, 000 to the defendant.
The EFCC, acting on a tip-off in 2017, had stormed Yakubu’s residence at the Sabon Tasha area of Kaduna State and found $9,772, 800 and £74, 000 in a safe.
He was later arraigned on March 16, 2017, on a six-count charge for “failure to make full disclosure of assets, receiving cash without going through a financial institution, which borders on money laundering.”
The anti-graft agency on October 17, 2018, closed its case against him, after calling seven witnesses.
However, Yakubu through his counsel, Ahmed Raji SAN, filed a no-case submission on December 5, 2018, arguing that the evidence provided in court, “did not establish a case against him, and so the charges should be dismissed.”
The Court of Appeal struck out counts five and six and ordered Yakubu to defend himself on counts three and four.
Counts three and four 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 and punishable under Section 16(2)(b) of the Act.