Court clears former HoS Oyo-Ita of N570m fraud charges after six-year trial

The Federal High Court in Abuja has acquitted former Head of the Civil Service of the Federation, Winifred Oyo-Ita, of alleged N570 million money laundering charges brought against her by the Economic and Financial Crimes Commission (EFCC).

Delivering judgment on Tuesday, Justice James Omotosho upheld the no-case submissions filed by Oyo-Ita and eight other defendants, ruling that the prosecution failed to establish a prima facie case after nearly six years of legal proceedings.

“The case presented by the prosecution has no weight whatsoever,” the judge ruled.

Justice Omotosho criticised the EFCC’s case, describing it as one “built on the quicksand of speculations, suspicions and shoddy investigation.”

He further noted that the prosecution failed to establish the essential elements required to sustain a money laundering charge, particularly the existence of an underlying criminal act.

“Crucial elements of money laundering offences, which are the establishment of a predicate offence, were glaringly absent in this case presented by the prosecution,” he said.

According to the court, there was no credible evidence to show that the funds allegedly linked to Oyo-Ita were proceeds of any unlawful activity. Instead, the judge observed that contracts cited in the allegations were properly approved and executed.

He also addressed claims relating to estacodes, duty tour allowances, and travel expenses, stating that there was no indication of wrongdoing.

“There is no proof before the court that estacodes or duty allowances were approved and subsequently collected without the corresponding trips being undertaken,” the judge said.

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Justice Omotosho faulted the prosecution for failing to present key documents such as travel approvals, official memos, or audit queries that could substantiate its claims.

“The prosecution has, in effect, invited the court to engage in speculation,” he added.

The court also found no evidence linking Oyo-Ita to ownership or control of the companies allegedly involved in the transactions under scrutiny.

“The prosecution did not provide any shred of evidence to show that the monies are tainted with illegality,” the judge ruled.

Consequently, the court upheld the no-case submissions of all defendants and discharged and acquitted them on the 18-count charge.

The EFCC had arraigned Oyo-Ita and others in March 2020 over allegations involving duty tour allowances, estacodes, and contract-related payments amounting to about N570 million. During the trial, the anti-graft agency presented eight witnesses and submitted documentary evidence.

However, the defence maintained that the prosecution failed to prove any of the elements required to sustain the charges.

In a significant aspect of the ruling, Justice Omotosho also dismissed alleged confessional statements attributed to Oyo-Ita and some co-defendants, citing non-compliance with provisions of the Administration of Criminal Justice Act.

He held that the prosecution failed to provide video evidence of how the statements were obtained, as required by law, and subsequently expunged them from the record.

Oyo-Ita was removed from office in September 2019 during the administration of former President Muhammadu Buhari amid corruption allegations.

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