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Agbele, Companies Listed in Appeal Over ₦1.2 Billion NSA Transaction

In a recent legal development, Agbele and three companies linked to him and former governor Fayose Sylvan Mcnamara Limited, De Privateer Limited, and Spotless Investment Limited are listed as respondents in an appeal concerning a ₦1.2 billion transaction. This amount is allegedly part of ₦4.7 billion transferred from an account associated with the Office of the National Security Adviser (NSA) at the Central Bank of Nigeria.

On June 21, 2024, Justice Nnamdi Dimgba upheld a no-case submission for Agbele, ruling that he had no case to answer. Dissatisfied, the Economic and Financial Crimes Commission (EFCC), through Senior Advocate of Nigeria Wahab Shittu, filed a notice of appeal with 17 grounds, seeking two key reliefs:

An order to allow the appeal, set aside Justice Dimgba’s ruling, and hold that the 1st, 3rd, and 4th respondents have a case to answer on multiple counts of the amended charge.
An order directing the 1st, 3rd, and 4th respondents to enter their defense before the trial court on the specified counts.
The EFCC expressed dissatisfaction with the entire decision, particularly the acquittal of the 1st, 3rd, and 4th respondents on 24 counts of the amended charge. The commission argued that there is overwhelming evidence showing that ₦1.219 billion from the NSA’s account, intended for security purposes, was unlawfully diverted to fund Fayose’s governorship election.

The EFCC contended that the trial court erred in ruling that there was no case to answer, despite significant oral and documentary evidence indicating the unlawful retention, transfer, and possession of funds by the respondents. The EFCC seeks to overturn the lower court’s decision and compel the respondents to present their defense on the listed counts.