Court sends Bauchi finance commissioner to prison over terrorism financing charges

By Seyifunmi Odunuga

The Federal High Court in Abuja on Wednesday remanded the Bauchi State Commissioner of Finance, Yakubu Adamu, and co-defendants in prison over terrorism financing charges.

The judge, Emeka Nwite, ordered them to remain in prison pending the ruling on their bail application slated for 5 January.

The judge’s decision followed the defendants’ arraignment by the Economic and Financial Crimes Commission (EFCC) on $9.7 million terrorism financing charges on Wednesday.

The other defendants are Balarabe Abdullahi Ilelah, Aminu Bose, and Kabiru Yahaya Mohammed.

In the case containing 10 counts, EFCC accused them of releasing the state government’s funds to a Miyetti Allah Kautal Hore leader and other persons who allegedly used the cash running into millions of dollars, partly or wholly, to finance an alleged terrorist or terrorist group between January and May 2024.

The prosecution also alleged over $6 million belonging to the state government were released for Mr Adamu’s benefit in a money laundering scheme.

Wednesday’s arraignment came just a day after the EFCC arraigned Mr Adamu along with another set of co-defendants on N4.65 billion money laundering charges before the same judge on Tuesday.

Bail dispute

Following Mr Adamu’s and his co-defendants’ pleas to the fresh terrorismi financing charges on Wednesday, EFCC’s lawyer Samuel Chime sought a trial date to enable the prosecution to present its witnesses and evidence.

But the defendant’s lawyer, Gordy Uche, a Senior Advocate of Nigeria (SAN), informed the court of separate bail motions filed on behalf of the defendants. He said the motions, filed on 30 December, had been served on the prosecution.

Mr Chime acknowledged receipt of the bail applications but said that a joint counter-affidavit had been filed to oppose them.

When the judge asked if the facts in the motions were the same, the defence lawyer said they were, except that the second, third, and fourth defendants came voluntarily to honour the EFCC invitation, while the first defendant was arrested.

Mr Nwite then directed Mr Uche to move the motions.

Moving the motion, the defence lawyer said the application sought an order granting the defendants bail pending trial.

Mr Uche argued that the proof of evidence provided by the prosecution did not align with conditions stated in Section 162 of the Administration of Criminal Justice Act (ACJA), 2015, and did not specifically link his clients to the offence of terrorism financing.

He urged the court to exercise its discretion in favour of the defendants. “I urge you to give it a liberal view and grant them bail on liberal terms,” he said.

Mr Uche reminded the adverse effect the commissioner’s remand would have on payment of salaries in the state.

The senior lawyer said Mr Adamu, as commissioner of finance, was responsible for facilitating salary payments in the state, and that his continued detention had affected about 60,000 Bauchi State workers who had not received their salaries.

Responding, EFCC lawyer Mr Chime referred to a counter-affidavit filed to oppose the bail applications. He prayed the court to refuse the applications, citing paragraphs 15 and 16 of the commission’s counter-affidavit.

EFCC argued in the referenced paragraph 16 that it opposed the bail considering the terrorism-related allegations, the money laundering counts, and the sums involved.

After listening to the lawyers’ submissions, the judge ordered that the defendants be remanded at Kuje Correctional Centre pending his ruling. He adjourned proceedings until 5 January for ruling on the bail application.

The charges, filed on 30 December, were brought by EFCC lawyer Mr Chime.

In count one, the EFCC alleged that Mr Adamu, Sirajo Jaja, a former Accountant General of Bauchi State who is said to be at large; along with some civil servants and signatories to Bauchi State Government accounts or payment instruments, committed the alleged offences between January 2024 and May 2024. The civil servants named in the charges are Samaila Liman, who is said to be on the run; Balarabe Ilelah, Aminu Bose, and Yahaya Mohammed.

The commission alleged that they conspired to provide funds totalling $2.3 million in cash for the benefit of Bello Bodejo, a Miyetti Allah leader, and persons associated with him, based on approvals granted by Governor Bala Mohammed.

The funds were allegedly used, in whole or in part, to finance a terrorist or terrorist group.

The alleged offence is contrary to Section 26(1) and punishable under Section 21(2)(a) of the Terrorism (Prevention and Prohibition) Act, 2022.

Count three alleged that the defendants committed another offence between January 2024 and May 2024.

They were accused of arranging that about $500,000 be delivered in cash to Mr Bodejo and associates for terrorism and for the benefit of a proscribed terrorist group, based on approvals granted by Mr Mohammed.

The alleged offence is contrary to Section 21(3)(b) and punishable under Section 21(4)(a) of the Terrorism (Prevention and Prohibition) Act, 2022.

In count four, the EFCC accused the defendants of conspiring to disguise the origin of $2.3 million belonging to the Bauchi State Government.

The funds were allegedly routed through Bureau de Change operators and other nominees and converted to dollars for the benefit of Mr Bodejo and associates, based on approvals of the governor.

The EFCC said the defendants had reasonable grounds to know the funds were proceeds of an unlawful activity.

In count eight, the EFCC alleged that the defendants conspired to disguise the origin of about $6.95 million for the benefit of Mr Adamu

The funds were allegedly routed from Bauchi State Government accounts through Bureau de Change operators.

The prosecution said the offence is contrary to Section 21(a) and punishable under Section 18(3) of the Money Laundering (Prevention and Prohibition) Act, 2022, among other counts.

Mr Bodejo, mentioned as a benefactor of the funds released by the Bauchi State Government and linked to terror group in the charges, was earlier reported as the president of Miyetti Allah Kautal Hore.

He has been involved in high-profile legal disputes, including terrorism-related charges later withdrawn by the federal government.

Earlier on Tuesday, EFCC arraigned Mr Adamu, alongside Ayab Agro Products and Freight Company Ltd on money laundering charges involving N4.65 billion.

He was alleged to have committed the offence while he was Branch Manager of Polaris Bank, Bauchi, between June and December 2023.

The defendants were accused of facilitating the conversion, concealment, and use of funds provided by Polaris Bank for the supply of motorcycles to Bauchi State Government through Emmanuel Asomugha General Enterprises, but that the motorcycles were allegedly not supplied.