The Economic and Financial Crimes Commission (EFCC) on Monday, December 5, commenced the trial of a former employee of Union Bank, Abdulmalik Salau.
Salau and two others were arraigned by the anti-graft agency for cybercrime and money laundering involving about N1.403 billion.
Other accused in the crime are Ismaila Atumeyi and Ngene Dominic.
The trio who were arrested by the EFCC in November 2022, were arraigned before Justice Tjinani Ringim, of the Federal High Court in Ikoyi, Lagos, a statement by the agency’s spokesperson, Wilson Uwujaren confirmed.
Upon their arrest, the sum of $480,000 was found in the possession of the third defendant and that the sum of N326, 400 million cash was found in a black Escalade car in the possession of first and second defendants.
The defendants face 18 charges to which they all pleaded “not guilty” on Monday.
The suspects allegedly diverted the sum of 1.4 billion from the account of Union Bank by hacking into the database of the bank, and transferred funds belonging to the financial institution’s customers, while using the money to acquire properties for themselves.
The defendants executed the fraud by moving in different instalments over N1.4 billion into the accounts of FAV Oil and Gas Limited and Atus Homes Limited.
According to the EFCC, part of the offences allegedly committed by the defendants was contrary to and punishable under section 16(1) of the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015.
Another of the offences was also said to violate section 18( a), 15 (2) of the Money Laundering Prohibition Act, 2011, as amended and punishable under section 15(3) of the same Act.
Meanwhile, efforts by the defence lawyers to bail the defendants was denied by the court. The lawyer representing the first and second defendants, Messrs Atumeyi and Dominic, said:
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The lawyer to the defendants, Mr Ayorinde, told the court that the defendants having pleaded “not guilty” to the charges “they are constitutionally and legally under the presumption of innocence until otherwise determined by the court.”
He added:* “In order to further the presumption of innocence of the first and second defendants, we filed on November 30, 2022, an application for bail seeking your lordship’s admission to bail of the first and second defendants pending the hearing and determination of the crime against them.
“The prosecution has responded to the application by serving on the first and second defendants a counter filed on 5 December 2022.”
He said in ensuring an expeditious and speedy dispensation of the case, he was prepared to move the application for bail immediately.
The application for bail for the first and second defendants is ready for hearing. The summons for bail is dated November 30, 2022. Since it seeks admission of the defendants to bail in very liberal terms, the grounds of the application are well stated in the summons,” he said.
Mr Ayorinde, who described the offence as bailable, stated that the defendants, “who were arrested and detained as far back as November 1, 2022,” would not jump bail.
He maintained that the “incarceration of the first and second defendants ought not to continue, even if on some terms. Their rights to bail have not been taken away; the charges preferred against them are bailable.”
The third defendant’s lawyer, Babatunde Ogunwo, also denied the allegations levelled against his client and “adopted “wholeheartedly” the argument of Mr Ayorinde.
However, EFCC’s lawyer, Mr Oyedepo, opposed the defendants’ bail applications.
“In the very unlikely event that the court disagrees with our submissions, we pray your lordship to impose such conditions that will secure the attendance of the defendants, particularly the first and second defendants whose applications are being argued.”
The judge adjourned until Tuesday for ruling on the bail application of the first and second defendants.
However, in a resumed hearing, Justice Rigim, denied the bail applications of the first and second defendants, while deferring that of the third defendant till the next adjourned date of January 24, 2023.
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