Court clears ex-HoS Oyo-Ita of N570m fraud charges after 6-year trial

A FEDERAL high court sitting in Abuja has discharged and acquitted former Head of Service of the Federation, Ms Winifred Oyo-Ita, of alleged money laundering, bringing to an end a trial that lasted 6 years.

Delivering judgment on Tuesday, Justice James Omotosho upheld separate no-case submissions filed by Oyo-Ita and the other defendants, ruling that the prosecution failed to establish sufficient evidence to proceed.

Oyo-Ita was tried alongside her personal assistant, Ubong Effiok, and 7 others on an 18-count charge involving alleged fraud and money laundering totalling N570 million.

In his ruling, the judge criticised the case brought by the Economic and Financial Crimes Commission (EFCC), describing it as being founded on “speculations, suspicions and shoddy investigation.” He added that the prosecution’s case haD no weight whatsoever.

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Omotosho further held that key elements required to prove money laundering, particularly evidence of a predicate offence, were missing from the case.

The court also found that Oyo-Ita had no ownership ties to the companies linked to the allegations, noting that prosecution witnesses confirmed under cross-examination that she was neither a director nor a shareholder.

On the funds allegedly traced to her, the judge ruled that the EFCC failed to prove they were proceeds of unlawful activity, stating that there was no evidence showing the money was illegally obtained.

Addressing claims relating to estacodes, duty tour allowances (DTAs), and travel expenses, the court held that the payments were properly authorised and that Oyo-Ita was not responsible for approving them.

The judge faulted the prosecution for failing to provide documentary backing for claims of unexecuted trips or improper payments, noting the absence of memos, travel approvals, or official records tied to the allegations.

He also pointed out that no administrative query or disciplinary action was shown to have been issued against Oyo-Ita, describing this as a significant gap in the case.

On asset declaration issues, the court held that the allegations were poorly investigated, further weakening the prosecution’s position.

Omotosho also rejected several confessional statements presented by the prosecution, ruling that they were obtained in violation of legal requirements, including the absence of video recording and legal representation.

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“The cumulative effect of these evidentiary gaps is fatal to the prosecution’s case,” the judge held, before discharging and acquitting all nine defendants.

The EFCC had filed the charges on February 28, 2020, accusing the defendants of fraud linked to DTAs, estacodes, conference fees, and alleged kickbacks.

Oyo-Ita and the other defendants were first arraigned on March 23, 2020, before Justice Taiwo Taiwo, where they pleaded not guilty. Following his retirement, the matter was reassigned to Omotosho.

The prosecution presented 8 witnesses before closing its case, after which the defence opted for no-case submissions, arguing that no credible evidence had been established to require them to open their defence.