Andrew Yakubu, the former Group Managing Director (GMD), of the Nigerian National Petroleum Corporation (NNPC) has sued Nigeria’s antigraft agency, the Country’s Apex Bank, and a commercial bank.
Yakubu dragged the Economic and Financial Crimes Commission ((EFCC), the Central Bank of Nigeria (CBN), and Guarantee Trust Bank (GTB) over their refusal to release his $9.8 million after a court judgment.
Recall, that Justice Ahmed Mohammed, on March 31, 2022, discharged and acquitted ex-NNPC GMD of a money laundering charge.
Justice Mohammed held that the antigraft agency couldn’t prove its case rationally, but the EFCC appealed against the judgment.
Andrew`s Suit
Yakubu’s counsel, Ahmed Raji, SAN, filed the suit at the Federal High Court in Abuja, before Justice Inyang Ekwo.
Marked: FHC/ABJ/CS/231/2023, the originating summons was dated and filed on March 8, with EFCC, CBN, and GTB listed as 1st to 3rd defendants respectively.
In the suit, Yakubu inquired if “the court did not become dominus litis of the respective sums of $9,773,200 and £74,000 belonging to” him when the same was put in issue, and in evidence before the court in charge number: FHC/ABJ/CR/43/2017 between the Federal Republic of Nigeria v. Engr Andrew Yakubu, and in respect of which judgment was delivered on the 31st of March, 2022.”
He further inquired if the anti-corruption agency had the right to still have his seized funds in their custody after he was cleared by the court previously.
He prayed for an order mandating the CBN, EFCC, and GTB to immediately release the funds to him in view of the court judgment.
Yakubu requested an order to instantly transfer the funds to an account under of the FHC chief registrar or into one to be operated by the chief registrar, the EFCC, and him, pending the verdict of the appeal.
In contradiction, the anti-graft agency, in a notice of preliminary objection, pleaded with the court to dismiss Yakubu’s application.
The anti-graft agency contended that the suit constituted an abuse of the court process and that the court had no jurisdiction to entertain the case.
The commission urged the court to strike out the entire suit and said it also relied on the earlier processes filed before the court where it raised jurisdictional issues.
The EFCC declared that most of Yakubu’s depositions didn’t reflect the precise position of the case, in the affidavit in support of the motion deposed to by Sambo Mayana, a detective with the commission.
It stated that an appeal had already been filed in appeal number: CA/ABJ/CR/653/2022.
Besides, it said that there were other appeals arising from the case pending at the Supreme Court.
Among such are cases with appeal number: SC/CR/241/2020, between the Federal Government and Yakubu, and appeal number: $C/CR/223/2020 between Yakubu and FG.
The EFCC maintained that while parties were awaiting a date for the hearing of case SC/CR/223/2020 at the Supreme Court, Yakubu brought an application before the apex court.
It said the case was to direct the commission to credit the funds in a bank account to be managed by the registry of the Supreme Court.
It added that by this present suit, Yakubu, simulated his application at the Supreme Court and sought the same to be determined by this count.
The EFCC urged the court to uphold its preliminary objection in the interest of justice and to discountenance Yakubu’s application.
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A.A. Usman, who appeared for Yakubu when the matter was mentioned on Thursday, noted that they received counter-affidavits from the defendants and he would need time to answer.
Idaye Imbu, GTB’s lawyer, noted that a motion to regularize their processes was filed and the court approved her prayer after it was not opposed by parties in the suit.
Justice Ekwo adjourned the matter until May 18 for a hearing.
Background
The EFCC, in 2017, raided the residence of Andrew Yakubu in Kaduna and found 9.7 million dollars and 74, 000 pounds in a safe.
Yakubu got arraigned on March 16, 2017, on six counts but the trial court struck out counts one and two.
The Court of Appeal ordered Yakubu to defend himself on counts three and four after striking out counts five and six.
Counts three and four abutted on failure fully disclose his assets, reception of cash without going through a bank, and intent to avoid a legal transaction.
This violates Section 1(1) of the Money Laundering Act, 2011, and is punishable under Section 16(2)(b) of the Act. Although he pleaded not guilty to all charges