A Federal High Court sitting in Lagos has discharged and acquitted the former Executive Secretary of the National Health Insurance Scheme (NHIS), Dr Femi Thomas, of money laundering charges filed against him by the Economic and Financial Crimes Commission (EFCC).
However, the court convicted him on a single count related to exceeding Nigeria’s legal cash transaction limit, imposing a ₦10 million fine.
Justice Ayokunle Faji, who delivered the judgment on Thursday, ruled that the anti-graft agency failed to prove five of the six charges brought against Thomas and his co-defendant, Kabiru Sidi, beyond reasonable doubt.
“I find that the prosecution did not provide sufficient evidence to sustain counts 1, 2, 3, 4, and 7,” Justice Faji said. He ordered the EFCC to return the $2.1 million previously seized from Thomas within 14 days, once the fine is paid.
According to the judge, the only proven offence was a breach of Nigeria’s cash handling law under Section 1 of the Money Laundering (Prohibition) Act, which prohibits individuals from making or receiving cash payments above ₦5 million.
“While the money was not proven to be proceeds of unlawful activity, the act of paying above the cash threshold is a violation,” he said.
No Evidence of Unlawful Enrichment
Justice Faji noted that the EFCC, during trial, admitted it had not investigated several claims made by the defence, including the source of the money. He stressed that no evidence was presented to show that the funds were linked to illicit activity.
“The transaction in count five was not found to be a crime, only that it exceeded the cash threshold,” he ruled.
As part of sentencing, the court acknowledged Dr Thomas’s unblemished record and professional contributions to public health.
“You have no prior criminal record, you attended court regularly, and you have served this country with distinction,” said Justice Faji. “This influenced my decision to impose a fine rather than a custodial sentence.”
The court also barred Dr Thomas from travelling abroad until the fine is paid in full.
Second Defendant Also Convicted
The second defendant, Kabiru Sidi, was convicted on one count for falsely claiming ownership of the cash during EFCC investigations. His sentencing was influenced by his legal counsel’s plea over deteriorating health.
Thomas and Sidi were first arraigned in 2017 on an amended seven-count charge, including conspiracy, unlawful enrichment, and giving false information concerning the movement of $2.1 million in cash.
During the allocutus (plea for mercy), lead defence counsel Collins Ogbonna asked the court to consider Thomas’s age, health, and public service. “My lord, Dr Thomas is a distinguished cardiologist who pioneered the cardiology department at the Lagos University Teaching Hospital. He is a first-time offender, retired, and has a dependent child still in school,” Ogbonna said.
The EFCC has yet to announce whether it will appeal the judgment.
