The Federal High Court in Abuja has warned the Economic and Financial Crimes Commission (EFCC) of possible sanctions over its failure to produce the Bauchi State Commissioner for Finance, Yakubu Adamu, for arraignment in an alleged N4.6 billion money laundering case.
Presided over by Justice Emeka Nwite, the court issued the warning after the anti-graft agency failed, for the second time, to bring Adamu before the court for plea-taking.
The judge ordered the EFCC to ensure the defendant is produced on December 30, stressing that further delay would attract serious consequences for the prosecuting counsel.
Adamu is standing trial alongside Ayab Agro Products and Freight Company Ltd, listed as the first and second defendants in a six-count charge filed by the EFCC. The case is marked FHC/ABJ/CR/694/2025.
According to the charge dated December 19, the EFCC accused Adamu of conspiring to launder about N4.65 billion while he served as Branch Manager of Polaris Bank Ltd in Bauchi. The commission alleged that the offence was committed between June and December 2023.
The prosecution claimed that Adamu acted in collaboration with Ishaku Mohammed Aliyu, Managing Director of Makayye Investment Resources Ltd, and Muntaka Mohammed Duguri. Both men are said to be at large.
EFCC investigators alleged that the funds were released by Polaris Bank under the pretext of financing the supply of motorcycles to the Bauchi State Government.
The supply was allegedly to be handled through Emmanuel Asomugha General Enterprises. However, the commission said the motorcycles were never delivered.
“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 moving proceeds of unlawful activity through third parties and nominees. This included the alleged transfer of N165.9 million to Ayab Agro Products and Freight Company Ltd.
The EFCC said the offences contravened provisions of the Money Laundering (Prevention and Prohibition) Act, 2022.
The defendants were initially scheduled for arraignment on Tuesday. However, the hearing could not proceed as neither the prosecution nor the defendants were present in court, despite defence lawyers attending.
When the matter came up again on Wednesday, Adamu was still absent. EFCC counsel, Samuel Chime, apologised to the court and asked for an adjournment. He told the court that the commission intended to amend the charge to include additional suspects.
“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,” Chime said.
He added that the suspects had written to the EFCC to indicate their willingness to honour invitations. Chime also requested an extension of the remand order, which he said was close to expiring, to allow all defendants to be arraigned together on December 30.
The application was strongly opposed by lead defence counsel, Chief Gordy Uche (SAN). He argued that the request lacked good faith.
“There is already a charge before the court against the defendant which he can take a plea on. The prosecution can amend the charge at any time before judgment,” Uche said.
He maintained that filing a charge suggested that investigations had been concluded. He added that the EFCC had already responded to the defence’s bail application without stating that investigations were ongoing or that other suspects were still being sought.
“The matter is ripe for arraignment and for the motion for bail, my lord,” Uche told the court.
Uche also drew attention to the wider impact of Adamu’s continued detention. He said the absence of the Commissioner of Finance had affected governance in Bauchi State.
“My lord, the 1st defendant is the Commissioner of Finance for Bauchi State. Since his detention, more than 60,000 workers have not been paid. They may even go on Christmas break without salaries. The entire Bauchi State has been shut down. This matter goes beyond one person,” he said.
In response, Chime insisted that investigations had been completed. He explained that the EFCC was only seeking a “uniform arraignment” of all defendants.
Justice Nwite sharply criticised the prosecution’s conduct. He questioned why a charge was filed if the EFCC was not ready to proceed.
“Inasmuch as you are not ready, why will you bring the charge? I detest this absolutely,” the judge said.
After Chime assured the court that the arraignment would go on even if the additional suspects failed to appear on the next date, Justice Nwite issued a stern warning.
“This is unfair. It is uncalled for and quite unprofessional. If you do not bring the defendants, I will descend very heavily on you. Go and tell your chairman.”
The judge adjourned the case to December 30. He reiterated that the EFCC must produce Adamu on that date or face sanctions.
“It is unfair to file a charge and fail to bring the defendant for arraignment. If they fail to bring the defendant on the next adjourned date, I will not take it lightly,” Justice Nwite warned.