The Federal High Court in Abuja, on Wednesday, ordered the Economic and Financial Crimes Commission (EFCC) to produce the Bauchi State Commissioner for Finance, Yakubu Adamu, in court on December 30 for his arraignment over alleged N4.6 billion money laundering.
Justice Emeka Nwite issued the order after the EFCC failed to produce Adamu in court to take his plea. The judge also warned that sanctions would be imposed on the prosecuting counsel if the defendant is not produced on the next adjourned date.
The News Agency of Nigeria (NAN) reports that Adamu and a company, Ayab Agro Products and Freight Company Ltd, were initially slated for arraignment on Tuesday. However, proceedings could not go on due to the absence of both the EFCC’s counsel and the defendants, although the defence team, led by Chief Gordy Uche, SAN, was present.
The matter was subsequently adjourned to Wednesday for arraignment, but Adamu was again absent from court.
Explaining the situation, EFCC counsel Samuel Chime apologised for his inability to attend the previous sitting and said the prosecution was facing challenges.
“If my lord will notice, the defendant is not in court in that we intend to amend our charge and bring in other defendants who are at large in the charge,” he said.
Chime told the court that the two suspects listed as being at large had written to the EFCC indicating their readiness to honour the agency’s invitation, necessitating an amendment of the charge. He added that the remand order on Adamu was about to expire, prompting an application for its extension to allow for a uniform arraignment of all defendants on December 30.
The application was strongly opposed by defence counsel, Chief Uche, who argued that it was not made in good faith.
“We feel that the prosecution can amend the charge at any time before judgment. As of today, there is a charge before the court against the defendant which the defendant can take a plea on while the prosecution can amend at any time,” he said.
Uche maintained that the existence of a charge before the court presupposed that investigation had been concluded, adding that the defence had already filed a motion for bail, to which the EFCC had responded without indicating that investigations were still ongoing.
“So the matter is ripe for the arraignment and for the motion for bail my lord,” he said.
He urged the court to stand down the matter to enable Adamu to be produced for arraignment, stressing the wider implications of his continued detention.
“My lord, the 1st defendant is the Commissioner of Finance for Bauchi State. Since his detention, more than 60,000 of the workers have not been paid.
“They may even go on Christmas break without salaries, so it goes beyond one person. The entire Bauchi State has been shut down,” Uche said.
He added that the Attorney-General of Bauchi State was present in court and described the situation as critical.
In response, Chime insisted that the prosecution was only seeking an adjournment to ensure a joint arraignment, maintaining that investigations had been concluded.
Questioning the prosecution’s conduct, Justice Nwite asked, “So why didn’t you wait for this before filing this charge?”
When Chime explained that the suspects had only reported to the EFCC’s Bauchi office the previous day, the judge further queried the assurance that all defendants would be produced at the next sitting.
“If they are not here my lord, we will proceed,” Chime replied.
Expressing displeasure, Justice Nwite said, “In as much as you are not ready, why will you bring the charge? I detest this absolutely.”
Addressing the matter further, the judge warned the prosecution in strong terms, saying, “This is not fair what you people are doing. It is uncalled for and quite unprofessional.
“Learner silk (addressing Uche), whatever be the case, I will, and I will, I am saying this with double ‘I will,’ if he did not bring the defendants, I will descend very heavily on him. Go and tell your chairman.”
Justice Nwite adjourned the matter until December 30 and reiterated his warning that failure to produce the defendant would attract sanctions.
“I have listened to the submissions of the prosecution and the defence. I must express my displeasure over the prosecution’s attitude. It is unfair that they will file a charge and fail to bring the defendant for arraignment.
“I must say that if they fail to bring the defendant on the next adjourned date, I will not take it lightly with them,” he said.
NAN reports that Adamu is the first defendant, while Ayab Agro Products and Freight Company Ltd is the second defendant in the six-count charge marked FHC/ABJ/CR/694/2025, dated December 19 and filed by the EFCC.
In one of the counts, Adamu, while acting as Branch Manager of Polaris Bank Ltd in Bauchi, alongside Ishaku Mohammed Aliyu and Muntaka Mohammed Duguri, both said to be at large, was alleged to have conspired between June and December 2023 to convert, transfer, conceal and use about N4.65 billion.
The funds were allegedly availed by Polaris Bank under the pretext of financing the supply of motorcycles to the Bauchi State Government through Emmanuel Asomugha General Enterprises.
“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 an unlawful act through nominees and third parties, including the alleged transfer of N165.9 million to Ayab Agro Products and Freight Company Ltd.
The offences are said to be contrary to Sections 20(a) and 21 of the Money Laundering (Prevention and Prohibition) Act, 2022.
