One of Nigeria’s commercial banks, Union Bank in a big
mess right now, as the Economic and Financial Corruption Commission (EFCC)
Arraigned Ex-Union Bank Staff, Two Others for Alleged N1.4bn Fraud in Lagos.The Lagos Zonal Command of the anti-fraud agency EFCC,
on Monday, December 5, 2022, arraigned a former employee of Union Bank PLC ,
Abdulmalik Salau, alongside Ismaila Yousuf Atumeyi and Ngene Joshua Dominic
before Justice Tjinani G. Ringim of the Federal High Court sitting in Ikoyi,
Lagos on an 18-count charge bordering on an alleged cybercrime and money
laundering to the tune of N1, 403, 343, 400.00 (One Billion, Four Hundred and
Three Million, Three Hundred and Forty-three Thousand, Four Hundred Naira).
One of the counts reads: “That you, Abdulmalik Salau,
between August and October, within the jurisdiction of this Honourable Court,
without lawful authority, directly caused modification of data held in the
network of Union Bank Plc leading to the fraudulent transfer of the total sum
of N1, 403, 343, 400.00( One Billion, Four Hundred and Three Million, Three
Hundred and Forty-three Thousand, Four Hundred Naira, ) to the account of FAV
Oil and Gas Limited and you thereby committed an offence contrary to and
punishable under Section 16(1) of Cybercrimes( Prohibition, Prevention, etc.)
Act, 2015.”
Another count reads: “That you, Ismaila Yousuf
Atumeyi, Ngene Joshua Dominic and Abdulmalik Salau, between August and October,
within the jurisdiction of this Honourable Court, conspired among yourselves to
directly conceal the sum of N1, 403, 343, 400.00( One Billion, Four Hundred and
Three Million, Three Hundred and Forty-three Thousand, Four Hundred Naira, ) in
the account of FAV Oil and Gas Limited, which sum you reasonably ought to have
known forms part of the proceeds of your unlawful activity and you thereby
committed an offence contrary to Section 18( a) , 15 (2) of the Money
Laundering Prohibition Act, 2011, as amended and punishable under Section 15(3)
of the same Act.”
The defendants all pleaded “not guilty” to the charges
preferred against them.
In view of their pleas, the prosecution counsel,
Rotimi Oyedepo, SAN, submitted that “By virtue of the Section 273 of the
Administration of Criminal Justice Act, ACJA, the defendants, having pleaded
“not guilty” to all the allegations contained in the charge, are deemed to have
put themselves up for trial.
“Therefore, we will, with all humility, ask your
Lordship for the acceleration of this trial.
“My Lord, the Section 300 of the ACJA also expects the
prosecution to give a very brief summary of the case it has against the
defendants.
“We have listed six witnesses through whom the
prosecution will explain to the court how the defendants agreed among
themselves to hack into the database of Union Bank Plc, transferred funds
belonging to the Bank and its customers and used the proceeds of this unlawful
activity to acquire properties for themselves.
“My Lord, the prosecution will also show to the court
how the third defendant, being a former staff of Union Bank Plc, and working
with the others, succeeded in hacking into the database of the Bank.“The defendants, in different installments, moved the
sum of over N1.4bn into the accounts of FAV Oil and Gas Limited and Atus Homes
Limited.
“The exhibits that the prosecution will tender include
the documentary exhibit that shows that the sum of $480,000 was found in the
possession of the third defendant, and that the sum of N326, 400 million cash
was found in a black Escalade car in the possession of first and second
defendants.
“My lord, the case is such that, in its nature,
requires the cooperation of both the prosecution and the defence team to see
its expeditious determination.
“I, therefore, urge your lordship, pending the determination
of the case, to remand the defendants in a correctional facility, where
adequately trained personnel will see to their welfare and wellbeing.”
In response, Bolaji Ayorinde, SAN, counsel to the
first and second defendants, Ismaila Yousuf Atumeyi and Ngene Joshua Dominic,
respectively, argued that “No iota of evidence has been admitted against the
first and second defendants.
“Having pleaded “not guilty” to the charges, they are
constitutionally and legally under the presumption of innocence until otherwise
determined by the court.
“In order to further the presumption of innocence of
the first and second defendants, we filed on November 30, 2022 an application
for bail seeking your lordship’s admission to bail of the first and second
defendants pending the hearing and determination of the charge against them.
“The prosecution has responded to the application by
serving on the first and second defendants a counter filed on December 5, 2022.
“In order to cooperate with an expeditious and speedy
dispensation of the case, we are prepared to move the application for bail.
“The application for bail for the first and second
defendant is ready for hearing. The summons for bail is dated November 30,
2022. Since it seeks admission of the defendants to bail in very liberal terms,
the grounds of the application are well stated in the summons.”
Ayorinde, who described the offence is bailable,
stated that the defendants, “who were arrested and detained as far back as
November 1, 2022,” would not jump bail.
He added that “they do not have the capacity to
interfere with the evidence.”
While adopting the submissions contained in the
written address, he prayed the court to grant the application for bail for the
first and second defendants.
In response, the prosecution counsel, Oyedepo,
however, told the court that Ayorinde had not replied to the counter-affidavit
to the bail application.
Justice Ringim, in his ruling, ordered Ayorinde not
make further submission on the bail application, as he had not replied to the
counter-affidavit to the bail filed by the prosecution.
In his further reaction, Ayorinde stated that the
“incarceration of the first and second defendants ought not to continue, even
if on some terms. Their rights to bail have not been taken away; the charges
preferred against them are bailable.”
In his submission, counsel to the third defendant,
Babatunde Ogunwo, “adopted “wholeheartedly” the argument of Ayorinde.
According to him, “This is so because the allegations
for which the prosecution has presented against the third defendant revolves
around that which the first and second defendants have also been arraigned
before the court.”
The prosecution counsel, in response, told the court
that “My Lord, he hasn’t filed any application. And if he has, he hasn’t served
us.”
Ogunwo, who expressed shock, told the court that the
bail application dated Friday, December 2, 2022 was filed the same day.
Justice Ringim ordered Ogunwo not to move the application,
maintaining that “it is not in the court’s file; it is not before me.”
While further objecting to the bail application for
the first and second defendants, Oyedepo told the court that the 20-paragraph
counter-affidavit was deposed to by Michael John, an officer of the EFCC today,
December 5, 2022.
“We rely on the submissions in the 20-paragraph
counter-affidavit and urge your lordship to refuse the bail application for the
first and second defendants.
“We also adopt the submission therein.“My Lord, failure, on the part of the counsel to the
first and second defendants to reply to the counter-affidavit, is deemed as
admission of the facts contained therein.
“In the very unlikely event that the court disagrees
with our submissions, we pray your lordship to impose such conditions that will
secure the attendance of the defendants, particularly the first and second
defendants whose applications are being argued.”
Justice Ringim adjourned to Tuesday, December 6, 2022
for ruling on the bail application of the first and second defendants.
