A Federal High Court sitting in Lagos State on Monday held the trial of the former Executive Secretary of the National Health Insurance Scheme (NHIS), Oluwafemi Thomas, and adjourned till May 15th and 16th.
Recall that Thomas is being prosecuted alongside a Bureau de Change operator, Kabiru Sidi, on a four-count charge bordering on money laundering to the sum of $2.2 million.
The NHIS boss and his alleged accomplice were arraigned before Justice Saliu Saidu, in 2016 by the Economic and Financial Crimes Commission (EFCC).
However, they pleaded not guilty to the charge and were granted bail; but the case was re-assigned to Justice Ayokunle Faji, after Saidu was transferred from the Lagos division of the High Court.
The News Agency of Nigeria (NAN) reports that when the case which had been on was called up on Monday, Mr. Ekene Iheanacho, appeared for the prosecution while Mr. O. Gbolahan appeared for the first defendant - the NHIS boss.
Meanwhile, the second defendant informed the court of the absence of his counsel on the grounds of ill-health
During the Monday proceedings, the prosecutor expressed dissatisfaction with the situation, adding that he had come in from Abuja last week hoping to take the case, but he however accepted an adjournment.
The court noted that the second defendant was entitled to be represented by a counsel, and further noted that the defendant had narrated to the court his efforts to secure a counsel.
In the event of the absence of the second defendant’s counsel, the court consequently adjourned the case until May 15th and 16th and urged the defendant to ensure he is present in court with his counsel on the next adjourned date.
Recall that the charge against the defendants has been amended several times with the defendants taking fresh pleas on each amendment.
The defendants were re-arraigned on March 6, 2019 and the prosecution closed its case in January 2020 after calling six witnesses and tendering 26 exhibits.
On their part, the defence filed a no-case submission arguing that the prosecution had not made out any prima facie case against them to warrant them to open their defence, but the no-case submission failed as Justice Faji on March 13, 2020, dismissed their application and ordered the defence to open its case.
An appeal against the ruling of the trial court also failed at the appellate court which delivered judgment on September 30, 2021, and the defence was thus asked to open its case, which is currently ongoing.
NAN reports that in the amended charge numbered FHC/L/457C/2015, The EFCC alleged that the first defendant and his wife who is said to be at large, had on July 3, 2015, conspired to move out of the court’s jurisdiction, the sum of 2.19 million dollars said to be proceeds of unlawful activities.
The defendant was said to have procured the assistance of one Bamidele Ibitoye to help move the money, which was the proceeds of his alleged unlawful enrichment as a public servant without going through a financial institution.
They were alleged to have concealed the origin of the said sum.
They were also alleged to have made a cash payment of the said sum, to the said Ibitoye, without going through any financial institutions.
The second defendant was alleged to have on July 15, 2015, made a false statement to Mr Afeez Mustapha, an investigating Officer with the EFCC, that he was the owner of the said sum of money.
The offences contravene the provisions of sections 15 (2), 15(3), and 16(2) of the Money Laundering (Prohibition) Act, 2011.
It also contravenes the provisions of sections 39(2)(b) of the Economic and Financial Crimes Commission (Establishment) Act 2004.