The scheduled arraignment of Halima Buba, Managing Director/CEO of SunTrust Bank Ltd, and Innocent Mbagwu, Executive Director/Chief Compliance Officer, was stalled due to the absence of the defendants.
The case, which is before Justice Emeka Nwite at the Federal High Court in Abuja, centers on a \$12 million fraud allegation brought by the Economic and Financial Crimes Commission (EFCC).
Buba and Mbagwu are accused of conspiracy and facilitating illicit cash transactions in violation of several provisions of the Money Laundering (Prevention and Prohibition) Act, 2022.
During Tuesday’s proceedings, EFCC counsel, Ekele Iheanacho, SAN, informed the court that the arraignment could not proceed as the defendants had yet to be served with the charges.
He noted, however, that the defendants’ legal representatives were present in court and had indicated willingness to accept service on their clients’ behalf.
“We are not opposed to service through counsel,” Iheanacho said, “but in line with Section 382(5) of the Administration of Criminal Justice Act (ACJA), we intend to file an ex parte application for substituted service, which can be heard before the next adjourned date.
Both parties have agreed to reschedule the arraignment for June 4, 2025.”
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Defence counsel J.J. Usman, SAN, confirmed that his clients had not been formally served and only became aware of the arraignment through social media.
“They instructed us to attend court based on what they read online. We offered to accept service, but the prosecution declined,” Usman said, urging the court to allow service through legal representatives to prevent any potential embarrassment or media spectacle.
He expressed concern that without such a directive, the prosecution might arrest and parade the defendants publicly.
In response, Iheanacho dismissed the concerns as speculative, maintaining that only a formal application for substituted service would suffice.
“The court cannot act on speculation,” he argued. “We must avoid procedural missteps that could later be used to challenge the court’s jurisdiction.”
Justice Nwite, after hearing both sides, adjourned the case to June 4, 2025, for arraignment.
He also directed the prosecution to file its application for substituted service by Thursday, May 29, 2025.
