A former employee of Union Bank PLC, Abdulmalik Salau, alongside Ismaila Yousuf Atumeyi and Ngene Joshua Dominic were today, Monday 5th December, 2022 arraigned before Justice Tjinani G. 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, 403, 343, 400.00(One Billion, Four Hundred and Three Million, Three Hundred and Forty-three Thousand, Four Hundred Naira) by the Lagos Zonal Command of the Economic and Financial Crimes Commission, EFCC.
One of the counts against them reads: “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 against them reads: “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 all pleaded “not guilty” to the charges preferred against them and in view of their pleas, the prosecution counsel, Rotimi Oyedepo, SAN, submitted that “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.
In 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.
“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”.
Ayorinde, who described the offence is bailable, stated that the defendants, “who were arrested and detained as far back as November 1, 2022”, would not jump bail.
He added that “they do not have the capacity to interfere with the evidence”.
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 response, the prosecution counsel, Oyedepo, however, told the court that Ayorinde had not replied to the counter-affidavit to the bail application.
Justice Ringim, in his ruling, ordered Ayorinde not make further submission on the bail application, as he had not replied to the counter-affidavit to the bail filed by the prosecution.
In his further reaction, Ayorinde stated that the “incarceration of the first and second defendants ought not to continue, even if on some terms. Their rights to bail have not been taken away; the charges preferred against them are bailable”.
In his submission, counsel to the third defendant, Babatunde Ogunwo, “adopted “wholeheartedly” the argument of Ayorinde.
According to him, “This is so because the allegations for which the prosecution has presented against the third defendant revolves around that which the first and second defendants have also been arraigned before the court”.
The prosecution counsel, in response, told the court that “My Lord, he hasn’t filed any application. And if he has, he hasn’t served us”.
Ogunwo, who expressed shock, told the court that the bail application dated Friday, December 2, 2022 was filed the same day.
Justice Ringim ordered Ogunwo not to move the application, maintaining that “it is not in the court’s file; it is not before me”.
While further objecting to the bail application for the first and second defendants, Oyedepo told the court that the 20-paragraph counter-affidavit was deposed to by Michael John, an officer of the EFCC today, December 5, 2022.
Justice Ringim adjourned to Tuesday, December 6, 2022 for ruling on the bail application of the first and second defendants.