The Federal High Court in Abuja has ordered the Economic and Financial Crimes Commission (EFCC) to produce the Bauchi State Commissioner for Finance, Yakubu Adamu, in court on December 30 for arraignment over alleged ₦4.6 billion money laundering charge.
Justice Emeka Nwite issued the order on Wednesday after the anti-graft agency failed, for the second time, to present Adamu for plea-taking.
The judge warned that the prosecuting counsel would face sanctions if the defendant is not produced on the next adjourned date.
Adamu and a firm, Ayab Agro Products and Freight Company Limited, are the first and second defendants in a six-count charge marked FHC/ABJ/CR/694/2025.
In the charge filed on December 19, the EFCC alleged that Adamu, while serving as branch manager of Polaris Bank Limited in Bauchi, conspired with Ishaku Mohammed Aliyu, Managing Director of Makayye Investment Resources Limited, and Muntaka Mohammed Duguri, both said to be at large, to launder about ₦4.65 billion between June and December 2023.
The prosecution alleged that the funds were disbursed by Polaris Bank under the pretext of financing the supply of motorcycles to the Bauchi State government through Emmanuel Asomugha General Enterprises.
However, the motorcycles were allegedly never supplied.
“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 charge stated.
Another count accused the defendants of retaining and transferring proceeds of unlawful activities through nominees and third parties, including the alleged transfer of ₦165.9 million to Ayab Agro Products and Freight Company Limited.
The offences are said to be contrary to and punishable under the Money Laundering (Prevention and Prohibition) Act, 2022.
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The defendants were initially scheduled for arraignment on Tuesday, but proceedings could not take place due to the absence of both the prosecution and the defendants, despite the presence of defence counsel.
When the matter was called again on Wednesday, Adamu was still absent.
The EFCC counsel, Samuel Chime, apologised for the previous day’s absence and sought an adjournment, explaining that the prosecution intended to amend the charge to include additional suspects.
“If my lord will notice, the defendant is not in court as we intend to amend our charge and bring in other defendants who are currently at large,” Chime said, adding that the suspects had written to the EFCC indicating their willingness to honour invitations.
He also sought an extension of the remand order, which he said was nearing expiration, to enable the commission to arraign all defendants together on December 30.
However, lead defence counsel, Chief Gordy Uche (SAN), opposed the application, arguing that it was not made in good faith.
“There is already a charge before the court against the defendant, which he can take a plea on. The prosecution can amend the charge at any time before judgment,” Uche said.
He maintained that the filing of the charge indicated that investigations had been concluded, noting that the EFCC had already responded to a bail application without suggesting that investigations were ongoing or that additional suspects were being sought.
“The matter is ripe for arraignment and for the motion for bail, my lord,” he argued.
Uche further urged the court to consider the broader implications of Adamu’s continued detention, noting that his absence had affected governance in Bauchi State.
“My lord, the first defendant is the commissioner for finance for Bauchi State. Since his detention, over 60,000 workers have not been paid.
“They may even go on Christmas break without salaries. The entire Bauchi State has been shut down. This matter goes beyond one person,” he said.
In response, Chime insisted that investigations had been concluded and that the prosecution was merely seeking a “uniform arraignment” of all defendants.
Justice Nwite, however, criticised the EFCC’s handling of the case.
“In as much as you are not ready, why will you bring the charge? I detest this absolutely,” the judge said.
When Chime assured the court that the arraignment would proceed on the next date even if the additional suspects failed to appear, Justice Nwite issued a stern warning.
“This is unfair. It is uncalled for and quite unprofessional. If you do not bring the defendants, I will descend very heavily on you. Go and tell your chairman,” he said.
The judge adjourned the matter to December 30, reiterating that further failure to produce the defendant would attract sanctions.
“It is unfair to file a charge and fail to bring the defendant for arraignment. If they fail to bring the defendant on the next adjourned date, I will not take it lightly,” Justice Nwite warned.
