Court Orders EFCC to Refund Seized Funds After Acquitting Ex-NHIS Boss of $2.1 Million Money Laundering Charges
A Federal High Court in Lagos has discharged and acquitted the former Executive Secretary of the National Health Insurance Scheme (NHIS), Dr Martins Femi Thomas, on five of the six charges brought against him in a $2.1 million money laundering case filed by the Economic and Financial Crimes Commission (EFCC).
Delivering judgment on Thursday, Justice Ayokunle Faji ruled that the EFCC failed to establish beyond reasonable doubt the allegations of conspiracy, unlawful enrichment, and false statements as stated in counts 1, 2, 3, 4, and 7 of the amended charge.
However, Dr Thomas was convicted on count five, which involved conducting a cash transaction that exceeded the ₦5 million legal limit for individuals. While the transaction breached the threshold, Justice Faji clarified that the prosecution did not prove the funds were proceeds of crime.
CONTINUE READING THIS ARTICLE BELOW AFTER THESE IMPORTANT NOTICES
Log in to primsol.lawpavilion.com and store.lawpavilion.com to enjoy the best E-journals, textbooks, and many more. For further enquiries/assistance, send an email to customercare@lawpavilion.com or call 08050298729
“The transaction in count five is only above the ₦5 million threshold. There is no proof it was from the proceeds of crime,” the judge said.
As part of the judgment, the court directed the EFCC to return all funds previously seized from Dr Thomas within 14 days, stating that the agency lacked legal grounds to retain the money. However, the release is contingent on Dr Thomas paying a ₦10 million fine imposed for the single count on which he was convicted. He was also barred from leaving Nigeria until the fine is fully paid.
The court also convicted the second defendant, Mr Kabiru Sidi, on count six — the only charge against him — for making a false statement during an EFCC interview, where he claimed ownership of the funds. He was sentenced to pay a ₦1 million fine.
In his sentencing remarks, Justice Faji considered pleas for leniency from the defence, noting Dr Thomas’s regular court attendance, absence of prior convictions, and significant contributions to public service. These include his tenure as Lagos State Commissioner for Health, his role in developing the National Health Insurance Scheme, and establishing the cardiology department at Lagos University Teaching Hospital (LUTH).
“I have listened to your allocutus and noted your service to the nation, including establishing the cardiology department at LUTH, training many Nigerian cardiologists, and having no previous criminal record,” the judge said.
Dr Thomas was given seven days from the date of the judgment to pay the fine. He must remain within the country until full compliance is achieved.
Dr Thomas and Mr Sidi were first arraigned before Justice Faji on June 28, 2017, on an amended seven-count charge relating to the alleged laundering of $2,198,900. The EFCC had accused Dr Thomas and his wife, Mrs Femi Thomas — who remains at large — of procuring one Bamidele Ibitoye to transport the sum out of Lagos, allegedly as proceeds of unlawful enrichment during Dr Thomas’s time in public office.
One of the charges read: “That you, Dr Martins Oluwafemi Thomas, a former Executive Secretary of the National Health Insurance Scheme, and Mrs Femi Thomas (still at large), on or about July 3, 2015, in Lagos, within the jurisdiction of this Honourable Court, procured Bamidele Ibitoye to remove from Lagos the sum of $2,198,900, being proceeds of your unlawful enrichment as a public officer, thereby committing an offence contrary to Section 18 and punishable under Section 15(2)(c) and (3) of the Money Laundering (Prohibition) Act, 2011 (as amended).”
During the plea for leniency, Dr Thomas’s counsel, Mr Collins Ogbonna, appealed to the court to consider his client’s retirement, ongoing parental responsibilities, and professional contributions to Nigeria’s health sector. Similarly, counsel for Sidi, Mr O. Ajanaku, urged the court to take his client’s poor health into account.
FOR SUPPORT TO BARRISTERNG BLOG, DONATE TO: 1. NAIRA ACCOUNT: 1023046978 - UBA 2. USD ACCOUNT: 5090743566 - FIDELITY BANK PLC
Call Bridget Edokwe Esq on 08060798767 or send your articles to barristerngblog@gmail.com
A Must-Have for Every Lawyer: Order Justice Alaba Omolaye-Ajileye’s Latest Books on Electronic Evidence Today: To order your copies, click the link below and order directly from the author:
https://velvety-cendol-7387ed.netlify.app/
SHOP NOW
The Price is 10k for Hard Copy less freight and 5k for E- Book copy in the Store of the Website. https://buokorie.com/store/ To access the hard copy, Call - 07087622283
