The Special Offences Court sitting in Ikeja, Lagos, has dismissed the no-case submissions filed by Alhaji Usman Abubakar and Young Alhaji Foundation, holding that the Economic and Financial Crimes Commission (EFCC) established a prima facie case requiring the defendants to enter their defence in the alleged N950 million foreign exchange fraud.
Justice Mojisola Dada ruled that the prosecution had adduced sufficient evidence linking the defendants to the alleged offences and that they had a case to answer.
Abubakar and Young Alhaji Foundation are standing trial on a five-count charge bordering on obtaining money by false pretence and stealing the sum of N950 million belonging to Ano Farms Limited.
Opposing the no-case submissions, EFCC counsel, Bilkisu Buhari-Bala, urged the court to dismiss the applications, arguing that the prosecution had established all the essential ingredients of the offences through the testimony of five witnesses and several documentary exhibits.
Bilkisu told the court that the EFCC received a petition dated September 23, 2022, from Prag Attorneys and Consultants on behalf of Ano Farms Limited, alleging that the defendants fraudulently obtained N950 million from the company under the pretext of facilitating a foreign exchange transaction.
According to him, Ano Farms Limited required foreign exchange to import agricultural commodities and was introduced to one Dr. Abu Omer Fawzi, a Lebanese national, for the purchase of $1.25 million at an agreed exchange rate of N760 to one dollar.
He said Dr. Fawzi instructed Ano Farms to transfer the naira equivalent of N950 million into the First Bank account of Young Alhaji Foundation. Although the transfer was successfully made, the agreed foreign exchange was never delivered.
Bilkisu further submitted that WhatsApp conversations tendered in evidence confirmed communications between Ano Farms and Dr. Fawzi regarding the transaction, while bank records admitted before the court established that the N950 million was credited to the account of Young Alhaji Foundation despite the defendants’ denial.
The prosecutor argued that rather than provide the agreed foreign exchange, the defendants attempted to withdraw the funds even after the account had been placed under a court-ordered restriction.
He also contended that the defendants gave inconsistent explanations regarding the ownership and source of the N950 million. While denying knowledge of the transfer, the first defendant simultaneously claimed entitlement to the funds as part payment of an alleged debt owed to him.
According to Bilkisu, the contradictory explanations, coupled with the oral and documentary evidence presented by the prosecution, clearly established a prima facie case and warranted the defendants being called upon to open their defence.
Justice Dada agreed with the prosecution’s submissions and dismissed the no-case applications filed by both defendants.
The court consequently ordered Alhaji Usman Abubakar and Young Alhaji Foundation to enter their defence.
The case originated from a September 2022 transaction in which Ano Farms Limited transferred N950 million into the account of Young Alhaji Foundation in expectation of receiving $1.25 million for the importation of agricultural commodities.
Earlier in the trial, the prosecution’s first witness, Mr. Adeniyi Oyewole, Managing Director of Ano Farms Limited, testified that despite making the payment, the promised foreign exchange was never supplied.
He further told the court that when efforts were made to recall the funds, the recipient claimed the payment related to the purchase of property —an assertion he immediately denied.
Oyewole also testified that Abubakar later claimed the money represented part payment of a $12 million debt allegedly owed to him by another party, despite initially disclaiming knowledge of the transaction.
Following unsuccessful efforts to recover the funds, Ano Farms petitioned the EFCC, culminating in an investigation and the filing of criminal charges against the defendants.
The matter has now entered the defence stage, with the defendants expected to present evidence in response to the prosecution’s case.
