• ...to pay N10 million fine for making cash payment in excess of N5m threshold
• Directs EFCC to return money seized from him, court says it is legitimate money

Justice Ayokunle Faji of the Federal High Court, Lagos on Thursday delivered judgment in the $2.1 million money laundering case filed by the Economic and Financial Crimes Commission (EFCC) against a former Executive Secretary of the National Health Insurance Scheme (NHIS), Dr. Femi Thomas.

The court discharged and acquitted Thomas on five out of the six counts brought against him by the anti-graft agency and find him guilty on one count relating to cash transaction above the legal threshold of N5 million.

In his judgement, Justice Faji held that EFCC failed to prove beyond reasonable doubt the allegations contained in counts 1, 2, 3, 4, and 7. The judge noted that the Commission admitted during trial that it did not investigate several claims made by the defendant and was unable to established unlawful enrichment against him.

Specifically, the court found Thomas guilty on count five, which involved making a cash payment above the N5 million threshold permitted by law for individuals. He was accordingly fined N10 million.

Justice Faji also found the second defendant, Kabiru Sidi, guilty on count six the only count against him for falsely claiming ownership of the money in question during an EFCC investigation and ordered him to pay a fine of N100,000.

In his allocutus before the judgement, counsel to the first defendant, Mr. Collins Ogbonna, who led Mr. Kunle Gbolahan, pleaded for leniency, describing Dr. Thomas as a first-time offender with an outstanding professional record. He noted that the defendant had trained many cardiologists in Nigeria, established the cardiology department at Lagos University Teaching Hospital (LUTH), and is now a retiree with a dependent child still in school.

He urged the court to impose a non-custodial sentence, preferably a fine, in consideration of the defendant’s contributions to the country and his family circumstances.

Counsel for the second defendant, Mr. O. Ajanaku, also pleaded for mercy, citing his client’s serious health challenges.

Justice Faji in his sentence ordered EFCC to release the funds previously seized from Thomas, noting that the agency had no basis to continue holding on to the money.
However, the court ordered that the release of the funds would be subject to the payment of a N10 million fine imposed on him for the single count on which he was found guilty.

The trial judge said “I have listen to your allocutus and noted that you are regular in court, that you have no criminal record, that you have served the nation meritoriously as a commissioner and as Executive Secretary of NHIS.”

The court further held that Dr Thomas made his money legitimately and that the money in question is not a proceeds of crime.

The court consequently gave Dr. Thomos seven days grace to pay the fine from the day of judgement but added that he should not travel out of the country untill the payment of fine is made.

” I ordered the prosecution to return the money to you within 14 days.”

Background: Dr. Femi Thomas and Kabiru Sidi were arraigned on June 28, 2017, before Justice Faji on an amended seven-count charge bordering on money laundering involving $2,198,900. The charges included conspiracy, unlawful enrichment, and making false statements.

One of the charges read:
“That you, Dr. Martins Oluwafemi Thomas, a former Executive Secretary of the National Health Insurance Scheme, and Mrs. Femi Thomas (still at large), on or about July 3, 2015, in Lagos, within the jurisdiction of this Honourable Court, procured Bamidele Ibitoye to remove from Lagos the sum of $2,198,900, being proceeds of your unlawful enrichment as a public officer, thereby committing an offence contrary to Section 18 and punishable under Section 15(2)(c) and (3) of the Money Laundering (Prohibition) Act, 2011 (as amended).”

Another count accused Sidi of falsely claiming ownership of the money during an interview with EFCC investigator Afeez Mustapha.

Dear readers, we really need your support to keep on serving you with authoritative, truthful, and juicy stories everyday. For your support, please reach out to the editor @gavelinternational66@gmail.com