Court dismisses fraud charges against Alaka, citing lack of evidence
A Lagos Special Offences Court has acquitted Abayomi Kamaldeen Alaka of financial fraud charges brought by the Economic and Financial Crimes Commission (EFCC), citing the prosecution’s failure 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 claimed that Alaka was aware of an existing forfeiture order in the building.
In the case, ID/23789C/24, Alaka pleaded 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 to prove 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 during 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.
