No‑Case Submission Fails: Abuja Court Rules EFCC Established Prima Facie Case Against Ex‑AGF
The Federal High Court, Abuja Division, presided over by Justice James Omotosho, has dismissed the no‑case submission filed by former Acting Accountant‑General of the Federation (AGF), Chukwunyere Anamekwe Nwabuoku, in the Economic and Financial Crimes Commission’s (EFCC) prosecution over alleged ₦868.46 million fraud.
In his ruling delivered on Thursday, Justice Omotosho held that the EFCC had adduced sufficient prima facie evidence requiring the defendant to enter his defence.
A no‑case submission is a procedural application by the defence contending that the prosecution has failed to establish a case warranting a response.
The EFCC is prosecuting Nwabuoku on a nine‑count amended charge bordering on money laundering to the tune of ₦868,465,000, under Section 15 of the Money Laundering (Prohibition) Act, 2011 (as amended). The Commission presented nine witnesses in support of its case.
During proceedings, Ekele Iheanacho, SAN, counsel for the EFCC, opposed the no‑case submission, arguing that evidence showed payments to four “front companies” during Nwabuoku’s tenure at the Ministry of Defence, with no lawful transactions to justify the inflows.
In response, defence counsel Norrison I. Quakers, SAN, argued that the EFCC lacked jurisdiction to prosecute the matter, contending that the alleged offences fell outside its statutory mandate. He further submitted that no evidence established that his client “indirectly converted” or “concealed” the origin of the funds.
Justice Omotosho, however, ruled that it would be premature at this stage to assess the credibility of witnesses or the weight of evidence. He emphasized that the prosecution’s evidence raised issues requiring explanation by the defendant, particularly in relation to conspiracy and money laundering allegations.
The Court clarified that the ruling does not amount to a finding of guilt but that the defendant must now open his defence to address the allegations.
Quoting the judge: “The no‑case submission of the defendant therefore fails.”
The matter was adjourned to November 24, 2025, for the defence to commence.
