THE Federal Government has filed an appeal against the July 24 ruling of the Federal High Court in Lagos, which acquitted Olufemi Thomas, a former Executive Secretary of the National Health Insurance Scheme (NHIS), in a money laundering case involving over $2.1 million.
In a 28-page notice submitted to the Lagos Division of the Court of Appeal, the government outlined 11 grounds to challenge the decision delivered by Justice Olayinka Faji.
The judge had discharged Thomas on five out of six counts brought by the Economic and Financial Crimes Commission (EFCC), citing insufficient evidence.
Justice Faji ruled that the EFCC failed to prove beyond reasonable doubt that Thomas unlawfully enriched himself.
He also criticized the agency for not investigating some of the defendant’s claims during the trial. While Thomas was fined ₦10 million for violating the cash payment limit set by law, the court ordered the EFCC to return the seized funds to him within 14 days.
The EFCC however disagreed with the verdict.
Represented by Senior Advocate of Nigeria, Ekele Iheanacho, the commission argued that the judge erred by relying on “imaginary and fanciful doubt” rather than the evidence presented.
The EFCC maintained that it had established a prima facie case, proving that Thomas could not reasonably explain the $2.1 million found in his possession.
The commission cited inconsistencies in both oral and documentary explanations provided by the defendant.
Referencing Section 19(5) of the EFCC Act, the agency argued that individuals found with assets disproportionate to their legitimate income bear the responsibility of providing a credible explanation.
The EFCC insisted that Thomas failed to meet this burden and that the trial court overlooked critical evidence, including the lack of tax records from his businesses.
“The respondent is not entitled to reap the benefit of his illegality in any manner whatsoever,” the EFCC stated.
The anti-graft agency is now asking the appellate court to overturn parts of the lower court’s ruling and order the forfeiture of the $2.1 million to the Federal Government.