The Lagos State Special Offences Court in Ikeja has struck out the forgery charges filed by the Economic and Financial Crimes Commission against the Chairman of Cleanserve, Azubuike Ishiekwene, and the Managing Director/CEO, Olalekan Abdul.
In a judgment delivered on January 30, 2025, Justice Mojisola Dada pronounced “the case struck out and the defendant discharged and acquitted pursuant to Section 73 (i) and (ii) ACJA, 2021.”
The judge noted that the defendants were arraigned by the EFCC on 26 counts, bordering on forgery and conspiracy, using false documents without authority, possessing fraudulent documents, stealing and making documents without authority.
According to the judgment, Ishiekwene and Abdul, however, pleaded not guilty to the charge following their arraignment on January 30, 2020.
During the pendency of the charge, which started five years ago with suit number ID/11126C/2019, the prosecution had called nine witnesses, while the defence had called four witnesses.
Mr. Adeyinka Olumide-Fusika (SAN) appeared for the first defendant, Abdul, and Dr. Muiz Banire (SAN) appeared for Ishiekwene, the second defendant.
Following a series of applications, one of which challenged the EFCC’s use of a fiat by Lagos State in a case in which the defence counsel argued that a $20,000 bribe had compromised an operative and that the prosecution was on a mission of “persecution,” the office of the Attorney-General of Lagos State, Mr. Lawal Pedro (SAN), stepped in and took over the matter after a review.
Before the Lagos State AG stepped in, the court had ordered the recovery of the $20,000 from the custody of the EFCC and admitted the same as an exhibit.
During the investigation, an EFCC operative demanded a bribe in 2019 to “kill the matter” because, according to him, the facts suggested that the nominal complainant, one Mr. Chris Ndulue, had no case.
A report of the demand was made through Mr. Ola Olukoyede (then the Secretary of the Commission), who ordered a sting operation in Lagos, during which other EFCC operatives apprehended the operative.
After reviewing the case, the Lagos AG’s office subsequently filed a notice of discontinuance under Section 211 (1) (C) of the Constitution.
EFCC counsel, Mr. Franklin Ofoma, initially filed a notice of preliminary objection but later conceded to discontinuing 20 out of the 26 counts brought under the Criminal Laws of Lagos State.
The anti-graft agency subsequently filed amended information dated October 24, 2024, which left the only surviving count against Ishiekwene being dropped and his eventual discharge from the suit under Section 155 of the Administration of Criminal Justice Law (ACJL), 2021.
The amended charge was thereafter against the erstwhile first defendant, Abdul, under federal law, which was outside the purview of Lagos State.
However, before the arraignment of Abdul on the new amended charge, on January 30, 2025, the next adjourned date, the office of the Attorney-General of the Federation, Mr. Lateef Fagbemi (SAN), took over the matter.
The AGF subsequently sought to withdraw the suit and discontinue the same under Section 108 (1) of the (ACJA), 2015.
In her judgment on March 5, 2025, Justice Mojisola Dada discharged and acquitted the defendants.
“The defendants are hereby discharged and acquitted under Section 73 (1) and (11) ACJL, 2021,” Justice Dada said in the Certified True Copy of her judgment.