The Federal Government has filed a 28-page notice of appeal to challenge the recent court ruling that acquitted former National Health Insurance Scheme (NHIS) executive secretary, Olufemi Thomas, in a $2.1 million money laundering case.
Justice Faji of the Federal High Court discharged Thomas on five of six counts brought by the Economic and Financial Crimes Commission (EFCC), citing lack of evidence. The judge ruled that the EFCC failed to prove beyond reasonable doubt that Thomas unlawfully enriched himself while in public office.
Faji also noted that the EFCC admitted it did not investigate several claims made by the defendant, weakening its case. The court ordered that all funds seized from Thomas be returned within 14 days, subject to a ₦10 million fine.
The ruling didn’t sit well with the Federal Government and the EFCC. Lead prosecution counsel Ekele Ihenacho, SAN, has filed an appeal, arguing that the trial court erred in law and relied on “imaginary and fanciful doubt.”
“The EFCC proved that the respondent laundered a significant increment in his income as a former public officer. His explanations, both oral and documentary, were inconsistent and contradictory,” Ihenacho stated.
According to the appeal, the prosecution established a prima facie case, which required Thomas to defend the origin of $2,198,000.00 traced to him.
“Section 19(5) of the Economic and Financial Crimes Commission (Establishment) Act states that if an accused person possesses pecuniary resources or property disproportionate to his known source of income, the burden shifts to him to satisfactorily explain its origin,” the appeal reads. “That explanation must be shown to be reasonable.”
The EFCC has asked the appellate court to overturn part of the trial court’s ruling and order the forfeiture of the $2.1 million.
