A Special Offences Court sitting in Ikeja, Lagos, has dismissed the no-case submissions filed by Alhaji Usman Abubakar and Young Alhaji Foundation, ruling that the Economic and Financial Crimes Commission (EFCC) had established a prima facie case requiring the defendants to enter their defence in an alleged ₦950 million foreign exchange fraud.
Justice Mojisola Dada held that the prosecution presented sufficient oral and documentary evidence linking the defendants to the alleged offences.
Abubakar and Young Alhaji Foundation are facing a five-count charge bordering on obtaining money by false pretence and stealing ₦950 million belonging to Ano Farms Limited.
Opposing the defendants’ applications, EFCC counsel, Bilkisu Buhari-Bala, urged the court to dismiss the no-case submissions, arguing that the prosecution had established all the essential ingredients of the offences through the testimony of five witnesses and documentary exhibits tendered during the trial.
The prosecutor told the court that the anti-graft agency commenced investigation following a petition dated September 23, 2022, submitted by Prag Attorneys and Consultants on behalf of Ano Farms Limited.
According to him, the petition alleged that the defendants fraudulently obtained ₦950 million from the company under the guise of facilitating a foreign exchange transaction.
The EFCC said Ano Farms Limited needed foreign exchange to import agricultural commodities and was introduced to a Lebanese national, Dr. Abu Omer Fawzi, to purchase $1.25 million at an agreed exchange rate of ₦760 to one dollar.
According to the prosecution, Dr. Fawzi instructed the company to transfer the naira equivalent of ₦950 million into the First Bank account of Young Alhaji Foundation.
Although the transfer was successfully completed, the agreed foreign exchange was allegedly never delivered.
The prosecution further told the court that WhatsApp conversations admitted in evidence confirmed communication between Ano Farms and Dr. Fawzi regarding the transaction, while bank records established that the ₦950 million was credited to Young Alhaji Foundation’s account despite the defendants’ denial.
Buhari-Bala argued that instead of providing 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 submitted that the defendants gave inconsistent explanations regarding the ownership of the money.
According to him, while denying knowledge of the transfer, the first defendant also claimed entitlement to the funds as part payment of an alleged debt owed to him.
The prosecutor maintained that the contradictory explanations, coupled with the evidence before the court, established a prima facie case requiring the defendants to answer the charges.
Justice Dada agreed with the prosecution and dismissed the no-case submissions filed by both defendants.
The court subsequently ordered Alhaji Usman Abubakar and Young Alhaji Foundation to open their defence.
The case arose from a September 2022 transaction in which Ano Farms Limited transferred ₦950 million into the account of Young Alhaji Foundation with the expectation of receiving $1.25 million for the importation of agricultural commodities.
Earlier in the trial, the Managing Director of Ano Farms Limited, Adeniyi Oyewole, testified that despite making the payment, the promised foreign exchange was never supplied.
He further told the court that when efforts were made to recover the funds, the recipient initially claimed the payment was for the purchase of property, an assertion he denied.
According to Oyewole, Abubakar later claimed the money represented part payment of a $12 million debt allegedly owed to him by another party, despite earlier disclaiming any knowledge of the transaction.
Following unsuccessful efforts to recover the funds, Ano Farms petitioned the EFCC, leading to an investigation and the subsequent criminal charges.
