A Lagos Special Offences Court has acquitted Abayomi Kamaldeen Alaka of financial fraud charges brought by the Economic and Financial Crimes Commission (EFCC), citing a failure by the prosecution to establish a prima facie case.
Justice Mojisola Dada dismissed the charges, centring on allegations that Alaka had retained proceeds of crime, specifically concerning a renovated property in Magodo, Lagos. The EFCC had claimed Alaka was aware of an existing forfeiture order on the building.
The case, ID/23789C/24, saw Alaka plead not guilty to three counts presented in March 2024. The EFCC alleged he knew the property was subject to a forfeiture order issued in suit FHC/ABJ/CS/465/2021.
Following the prosecution’s presentation of evidence, Alaka’s lead counsel, Olalekan Ojo (SAN), filed a “no case submission,” arguing that the prosecution had failed to provide sufficient evidence. Mr Ojo cited Section 239 of the Administration of the Criminal Justice Law of Lagos State 2015, emphasising the need for proof of both actus reus (the guilty act) and mens rea (the guilty mind). He argued that the prosecution had not proven Mr Alaka sold or disposed of the property with knowledge of the forfeiture order.
In her ruling, Justice Dada highlighted the testimony of a prosecution witness who stated that due diligence was conducted before the property’s sale. The witness confirmed they were unaware of any court order at the time of the transaction and that the EFCC’s involvement was only discovered after the sale. Furthermore, Justice Dada noted the prosecution’s failure to respond to the defence’s “no case submission,” deeming it a “tacit admission” of insufficient evidence.
The judge also pointed out that the prosecution was absent on the day the ruling was to be made, had failed to respond to the no-case submission served to them on December 31, 2024, and had failed to do so till February 26, 2025.
“What is admitted needs no further proof,” Justice Dada stated, concluding that the prosecution’s case had failed and discharging Mr Alaka.
