A Lagos Special Offences Court in Ikeja has dismissed the criminal charges filed by the Economic and Financial Crimes Commission (EFCC) against Abayomi Kamaldeen Alaka, ruling that the prosecution failed to establish a prima facie case against him.
Justice Mojisola Dada discharged Alaka of the alleged offence of retaining proceeds of crime, stating that the EFCC did not present sufficient evidence to support its claims.
The EFCC had accused Alaka of knowingly retaining a newly renovated storey building despite an existing court order for its forfeiture.
The commission filed suit No. ID/23789C/24 and arraigned him on three counts on March 20, 2024.
Alaka pleaded not guilty, and the prosecution, led by counsel N.K. Ukoha, called three witnesses during the trial.
After the prosecution closed its case on December 10, 2024, Alaka’s lead counsel, Olalekan Ojo (SAN), filed a “No Case Submission,” arguing that the EFCC had failed to prove its allegations.
Ojo contended that for a crime to be established, both actus reus (the act) and mens rea (intent) must be proven beyond reasonable doubt.
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He further argued that the prosecution did not present any evidence showing that Alaka received a notice of the forfeiture order or that the order was published in a national newspaper.
During cross-examination, a key prosecution witness admitted that he had conducted due diligence before advising his client on the property transaction.
He stated that he had not seen any EFCC inscription on the building before the sale and was unaware of any court order regarding the property at the time of purchase.
Justice Dada, in her ruling, noted that the prosecution failed to file any response to the defence’s submission, effectively conceding that it had not established a case against Alaka.
She stated that a lack of evidence meant there was no basis to proceed with the charges.
“The prosecution has not proven an essential element of the alleged offence.
The evidence presented has been discredited and is manifestly unreliable. No reasonable court could convict based on such evidence,” the judge ruled.
Consequently, the court dismissed the case in its entirety and discharged Alaka of all charges.
