The Federal Government has filed an appeal challenging the judgment of the Federal High Court that acquitted a former Executive Secretary of the National Health Insurance Scheme (NHIS), Mr. Femi Thomas, of major money laundering charges involving $2.1 million.
A 28-page notice of appeal obtained by our correspondent was filed before the Lagos Division of the Court of Appeal. It outlines 11 grounds on which the Economic and Financial Crimes Commission (EFCC) is contesting the decision of Justice Olayinka Faji.
In his earlier ruling, Justice Faji discharged and acquitted Thomas on five out of six counts, holding that the EFCC failed to prove its allegations beyond reasonable doubt. The judge also directed the EFCC to return the seized funds to Thomas within 14 days, after imposing a ₦10 million fine on him for breaching the cash payment threshold under Nigerian law.
The only count on which Thomas was convicted involved making a cash payment above the legal limit of ₦5 million.
However, dissatisfied with the ruling, EFCC’s lead counsel, Ekele Iheanacho (SAN), argued that the trial court misapplied the law and based its decision on “imaginary and fanciful doubt.” He asserted that the EFCC had presented both documentary and oral evidence showing that Thomas could not reasonably account for a sharp increase in his wealth.
According to the EFCC, the burden of proof had shifted to the defendant under Section 19(5) of the EFCC Act once it was established that the value of his assets far exceeded his known income. The commission maintained that Thomas provided contradictory and inconsistent explanations about the sources of his income, including proceeds allegedly from farming and private investments.
The agency also faulted the trial court for refusing to order the forfeiture of the $2,198,000, insisting the sum was a proceed of crime and should be permanently seized by the Federal Government.
“The lower court failed to properly exercise its discretion,” the EFCC argued. “The respondent is not entitled to benefit from his illegality in any form.”
Additionally, the EFCC highlighted that the respondent had not paid taxes on his claimed farm earnings or any income beyond his official earnings from public service.
The commission is now asking the appellate court to overturn the acquittal and issue an order for the forfeiture of the $2.1 million in question to the Federal Government.
