Andrew Yakubu, former Group Managing Director (GMD), Nigerian National Petroleum Corporation (NNPC), has sued the EFCC, the Central Bank of Nigeria (CBN) and the Guarantee Trust Bank (GTB) over alleged refusal to release his 9.8 million dollars after a court judgment.
Yakubu, through his counsel, Ahmed Raji, SAN, filed the suit before Justice Inyang Ekwo of a Federal High Court, Abuja.
The originating summons, marked: FHC/ABJ/CS/231/2023, was dated and filed on March 8, with EFCC, CBN and GTB listed as 1st to 3rd defendants respectively.

Justice Ahmed Mohammed had, on March 31, 2022, discharged and acquitted ex-NNPC GMD of money laundering charge.
Justice Mohammed held that the EFCC failed to prove its case beyond reasonable doubt but the anti-corruption agency had appealed against the judgment.

Yakubu, in the suit, asked whether “the court did not become dominus litis of the respective sums of $9,773,200 and £74,000 belonging to” him when same was put in issue, and in evidence before the court in charge number: FHC/ABJ/CR/43/2017 between Federal Republic of Nigeria v. Engr Andrew Yakubu, and in respect of which judgment was delivered on the 31st of March, 2022.”

He said if the question was answered in the affirmative, he further asked whether the EFCC ought to still have in its custody his seized monies after a sister court gave a judgment in his favour on March 31, 2022.
Yakubu, therefore, asked whether the monies ought not to be released to him forthwith, or paid into an account under the control of the registry of the court, pending the outcome of the appeal lodged by the EFCC against the said judgment.
He sought an order directing the defendants to immediately release the monies to him in view of the court judgment.
Alternatively, he sought an order directing them to immediately transfer the said monies into an account under the control of the FHC chief registrar or into an account to be operated by the chief registrar, the EFCC and him, pending the determination of the appeal.
But the EFCC, in a notice of preliminary objection, prayed the court to dismiss Yakubu’s application.
In the motion dated March 20 and filed April 12 by Faruk Abdullah, the anti-graft agency argued that the suit constituted an abuse of court process.

It said that the court lacked the jurisdiction to entertain the matter.
The commission said it also relied on the earlier processes filed before the court where it raised jurisdictional issues and urged the court to strike out the entire suit
In the affidavit in support of the motion deposed to by Sambo Mayana, a detective with the commission, EFCC averred that most of Yakubu’s depositions did not reflect the correct position of the case.
It said that an appeal had already been file 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 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 argued that while parties were awaiting date for hearing of case SC/CR/223/2020 at the Supreme Court, Yakubu brought an application before the apex court to direct the commission to deposit the monies in a bank account to be managed by the registry of the Supreme Court.
It said Yakubu, by this present suit, replicated his application at the Supreme Court and seeking same to be determined by this count.

The EFCC urged the court to discountenance Yakubu’s application and uphold its preliminary objection in the interest of justice.
When the matter was mentioned on Thursday, A.A. Usman, who appeared for Yakubu, said they received counter affidavits from the defendants and he would need time to respond.
GTB’s lawyer, Idaye Imbu, informed that a motion to regularise their processes had been filed and the court granted her prayer after it was not opposed by parties in the suit.
Justice Ekwo adjourned the matter until May 18 for hearing.
NAN reports that the anti-graft agency had, in 2017, raided the residence of the ex-NNPC boss in Kaduna and found 9, 772, 800 dollars and 74, 000 pounds (9.7 million dollars and 74, 000 pounds) in a safe.
Yakubu was, however, arraigned on March 16, 2017, on six counts but the trial court struck out counts one and two.
The Court of Appeal also struck out counts five and six and ordered Yakubu to defend himself on counts three and four.

Counts three and four which 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.
He had pleaded not guilty to all the counts.

A Federal High Court, Abuja, on Thursday, discharged and acquitted Andrew Yakubu, former Group Managing Director (GMD), Nigerian National Petroleum Corporation (NNPC) of money laundering charge.
Justice Ahmed Mohammed, in a judgement, held that the Economic and Financial Crimes Commission (EFCC) failed to prove its case beyond reasonable doubt.

Justice Mohammed said that the EFCC had failed to prove the three ingredients of Section I of the Money Laundering Prohibition Act which it relied upon.
According to him, to sustain the conviction of the defendant (Yakubu) in this Act, the burden of proof is on the prosecution.

He described the vital ingredients in counts three and four which the anti-graft agency charged the ex-GMD to include receiving cash payment above N5 million, failure to go through a financial institution and that the defendant is a natural person.
“Though the EFCC called six witnesses against Yakubu, the ex-GMD, while demonstrating the ownership of the money allegedly laundered, said the money were received as gifts and goodwill from friends and well wishers after his retirement in 2014.

Mohammed said that Yakubu, while giving his evidence as first defence witness (DW1), said that the monies, which are in naira and foreign currencies, were received in bit not as a whole as alleged by the prosecution.
The judge held that the EFCC ought to have applied that Yakubu should mention the names of the donors and if possible, invite them for questioning but fail to do so.
The News Agency of Nigeria (NAN) reports that the anti-graft agency had, in 2017, raided the residence of the ex-NNPC boss in Kaduna and found 9, 772, 800 dollars and 74, 000 pounds (9.7 million dollars and 74, 000 pounds) in a safe.

Yakubu was, however, arraigned on March 16, 2017, on six counts but the trial court struck out counts one and two.
The Court of Appeal also struck out counts five and six and ordered Yakubu to defend himself on counts three and four.
Counts three and four which 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.

Mr Andrew Yakubu, former Group Managing Director (GMD), Nigerian National Petroleum Corporation (NNPC), has denied that part of the recovered money in his Kaduna residence was given to him by a businesswoman, Hajiya Bola Shagaya.
Yakubu also refuted the allegations that some of the money was given to him by Mr Kola Aluko and Mr Jide Omokore, both of who are into oil and gas business.
The ex-GMD denied the allegations during a cross examination by counsel to the Economic and Financial Crime Commission (EFCC), G. Ofulue, before Justice Ahmed Mohammed of a Federal High Court, Abuja.

The News Agency of Nigeria (NAN) reports that the anti-graft agency had, in 2017, raided the residence of the ex-NNPC boss in Kaduna and found 9, 772, 800 dollars and 74, 000 pounds (9.7 million dollars and 74, 000 pounds) in a safe.
Yakubu was, however, arraigned on March 16, 2017 on six counts but the trial court struck out counts five and six.
The Court of Appeal also ordered the former GMD to defend only count three and four which bordered on failure to make full disclosure of assets, receiving cash without going through financial institution.
NAN reports that Yakubu had, on July 8, 2020, told the court that a substantial part of the money found at his Kaduna residence by EFCC was given to him as gift after leaving office.

“Will I be correct to say that the company was awarded an exploration license in 2012 when you were GMD of NNPC?” the EFCC counsel, Ofulue, asked.

“I am not aware because NNPC does not issue oil licenses but DPR,” he responded.
“Will I be correct to say some of the money recovered from your house in Kaduna was given to you by Bola Shagaya?” the lawyer also asked, and Yakubu gave a negative response.
The counsel asked further if some of the money was given to him by Aluko and Omokore and the former NNPC boss said the allegation was incorrect.
Yakubu’s counsel, Anone Usman from chamber of Ahmed Raji, SAN, said he had no reexamination and the ex-GMD was discharged from the witness box.
Meanwhile, the anti-graft agency informed that the commission had a pending motion dated June 18 and filed June 25, seeking for an order of the court for a recall of third prosecution witness, Ahmed Yahaya, and six prosecution witness, Suleiman Mohammed, for further examination-in-chief and possible further cross examination in respect of the extant counts three and four of the charge.
The EFCC said it sought the order on the grounds that the witnesses were led in evidence by former prosecuting counsel and that the lawyer did not make maximum use of the witnesses being sought to be recalled in extracting relevant evidence from the said witnesses in proof of counts three and four.
The commission argued further that the witnesses being sought to be recalled were very material in proving counts three and four, among other grounds.
However, Usman, who acknowledged that a counter affidavit was filed by June 28 in opposition to the EFCC’s motion, urged the court to dismiss the application for being unmeritorious and highly vexatious.
After the parties in the suit adopted their processes, Justice Mohammed reserved the case for ruling on Nov.

Former Group Managing Director (GMD), Nigerian National Petroleum Corporation (NNPC), Andrew Yakubu, on Wednesday, told the Economic and Financial Crimes Commission (EFCC) that it cannot cross-examine him based on a previous case in another court.

Yakubu, who stated this through his lawyer, Ahmed Raji, SAN, before Justice Ahmed Mohammed of the Federal High Court, Abuja, said Exhibit J, which the EFCC’s lawyer, Mohammed Abubakar, planned to take him on was irrelevant to the case at hand.

Exhibit J borders on a case which was instituted by the anti-graft agency in 2016 before Justice Nnamdi Dimgba when Yakubu was GMD of NNPC.

The case, which is still ongoing involves an oil company, Atlantic Energy Brass Development Ltd., in which Yakubu was initially the 7th defendant in the suit and was later dropped to become the first prosecution witness in the matter bordering on illegal lifting of crude oil.

The EFCC had, in 2017, raided the residence of the ex-NNPC boss in Kaduna State and found 9,772, 800 dollars and 74, 000 pounds (9.7 million dollars and 74, 000 pounds) in a safe.

Yakubu was, however, arraigned on March 16, 2017 on six counts but was ordered by the Court of Appeal to defend counts 3 and 4 which 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.

At the resumed trial on Wednesday, Abubakar told the court that the matter was for the continuation of the motion raised in respect of the cross-examination of the first defence witness (DW1 who is Yakubu)) relating to Exhibit J.

“It is very clear that the exhibit is relevant to counts 3 and 4. We further submit that the same Exhibit J is also relevant to some matters which DW1 has testified about both in evidence-in-chief and under cross-examination.

“We therefore rely on the provision of Section 7 Paragraph a, b, c, d and e in submitting that Exhibit J is relevant.

“It is our further humble submission that Exhibit J is relevant in proving whether or not there has been a predicate offence to counts 3 and 4,” he said.

According to the EFCC’s lawyer, it is instructive to note that the defendant had argued before this court and Court of Appeal and he is present arguing before the Supreme Court in his own appeal against the judgment of the Court of Appeal ordering him to enter a defence in respect of counts 3 and 4 to the effect that the prosecution must prove predicate offence in order to establish offences in counts 3 and 4.

He, therefore, submitted that Exhibit J would assist the commission in proving the predicate offences.

“However, since the Supreme Court is yet to decide this issue, one way or the other, we submit that they cannot forgo our right in disproving that fact,” he said.

Abubakar further argued that the exhibit would help in proving that the defendant had obtained an increase in his pecuniary resources for which he cannot satisfactorily account for.

“This is because we are allowed under Section 19(5) of the EFCC Act 2004 in conjunction with Section 6(a), 7(2a) and 42(e) of the same EFCC Act 2004 to adduce such evidence in prove of counts 3 and 4,” he said.

He said in the whole 56 pages of the lead judgment, and the respective two more pages of the contributory judgments, the Court of Appeal did not say Exhibit J was not relevant to counts 3 and 4.

“We therefore urge your lordship to discountenance that argument from the learned senior counsel of the defendant.

“Finally, we submit that the judicial authority of Ishelo Vs. Julius Berger reported in 2008, Volume 6, Nigeria Weekly Law Report, relied upon by the senior counsel is inapplicable here for two reasons.

“Firstly, that authority is a civil case and talks about biddings.

“Secondly, Exhibit J was tendered by the defendant who has not filed any defence.

“Not only because the authority is a civil case but also because it is a different subject matter.
“We urge you to discountenance the objection raised by the defendant and allow us to continue our cross-examination of DW1 on the context of Exhibit J,” Abubakar told the court.

Responding, Raji disagreed with Abubakar on the authority cited, saying “Section 6, 7 and 8 of the Evidence Act do not draw any distinction between civil and criminal matters.”

He said though “there are sections in Evidence Act that are peculiar to either civil or criminal matters like Section 206,” Raji argued that Section 6, 7 and 8 had no distinction as to whether a case is civil or criminal.

The lawyer said since the Court of Appeal struck out counts 1 and 2 in the suit in respect of which Exhibit J was tendered implied that the exhibit was irrelevant in the present circumstance.

Raji questioned that of what relevance was the allegation by Abubakar that the former GMD received an increased pecuniary resources he could not satisfactorily account for to counts 3 and 4.

“This will be contrary to the Court of Appeal judgment,” he said.

The lawyer, who argued that its was wrong for Abubakar to want to prove whether there had been predicate offences or not through Exhibit J, said: “there is a distinction between a predicate offence and offence charged.
“The evidence they want to establish under cross-examination through the Exhibit J is to prove the alleged predicate offence by his own admission. With this point alone, I want my lord to sustain our argument.”

He told the court that since the Appeal Court judgment did not say that counts 3 and 4 had anything to do with Yakubu’s source of money showed that the exhibit was “totally irrelevant and anti-Court of Appeal judgment.”
“I urgent my lord to sustain our objection,” he said.

Justice Mohammed, after listening to parties adjourned the matter until Oct. 15 for ruling on the motion and for trial continuation.

Former Group Managing Director (GMD), Nigerian National Petroleum Corporation (NNPC), Andrew Yakubu, on Wednesday, told the Federal High Court, Abuja, that substantial part of the money found at his Kaduna residence by EFCC in 2017 was given to him as gift after leaving office.

Yakubu made this known while testifying before Justice Ahmed Mohammed as defence star witness in an alleged money laundering case instituted against him by the anti-graft agency.

EFCC had, in 2017, raided the residence of the ex-NNPC boss in Kaduna State and found 9,772, 800 dollars and 74, 000 pounds (9.7 million dollars and 74, 000 pounds) in a safe.

Yakubu was, however, arraigned on March 16, 2017 on six counts but was ordered by the Court of Appeal to defend counts 3 and 4 which 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.

Responding to questions from his Counsel, Ahmed Raji, SAN, Yakubu confirmed that the money discovered in his property by the EFCC belonged to him.

“Yes, my lord, I confirm that the money in a safe in counts 3 and 4 was taken from my property.

“As I stated in my statement to EFCC, the money found in the safe is mine.

“The money was not received in bulk, it was received in tranches of not more than 10, 000 dollars and not more than 5000 pounds.

“And the substantial part of the amount was given to me after I left office and it was given to me on the occasions of birthday, thanksgiving service and other celebration I hosed after leaving office,” he said.

According to him, it also included gift I got from the. marriages of my daughters.

“Approximately, the substantial amount of about over 98 per cent was given to me,” he added.

Yakubu explained further that the purpose of keeping the money was to think about a business venture he could embark on after his retirement.

“My lord, since the money was given to me unexpected, I kept the money in safety in the safe pending when I will decide on business venture to embark on and as soon as that decision crystalised, the business will be funded through a financial institution,” he said.

On the remaining two per cent of the money, he said he got them through extacodes he received from international trips he had while in office.

“For over 25 years, I had reason by virtue of my schedule to travel to many parts of the world outside Nigeria and so I was entitled to extacodes in the United States dollars and any saving (earning) I made my lord during the trip, I had reason to save.

“So my lord, the remaining 2% is from the travels,” he said.

Yakubu told the court that he started the saving in the safe where the money was found at his residence between 2010 and 2014.

No sooner had Counsel to the EFCC, Mohammed Abubakar began his cross examination than Justice Mohammed adjourned the continuation of the exercise until July 22.

NAN reports that the judge had, on June 24, declined to stop further proceedings in Yakubu’s trial, saying that though both parties had filed appeals before the Supreme Court, whose outcome would likely impact the case before him, he was constrained by virtue of Section 306 of the Administration of Criminal Justice Act to continue with the case as ordered by the Court of Appeal.