Court Finds Cleanserve’s Chair and MD Not Guilty of Fraud
The Lagos State Special Offences Court in Ikeja has discharged and acquitted Azubuike Ishiekwene, Chairman of Cleanserve, and Olalekan Abdul, Managing Director and CEO, of all fraud and forgery charges brought against them by the Economic and Financial Crimes Commission (EFCC).
Background of the Case
The EFCC initially charged them with 26 counts, including conspiracy, forgery, use of false documents, possession of fraudulent documents, and stealing. The case stemmed from a complaint by Chris Ndulue, who claimed to be a director of Cleanserve but was not listed in the records of the Corporate Affairs Commission (CAC).
Both Ishiekwene and Abdul pleaded not guilty when they were first arraigned on January 30, 2020. The trial, which lasted five years, involved testimonies from nine prosecution witnesses and four defense witnesses.
Court’s Decision and Case Withdrawal
Delivering the ruling on January 30, Judge Mojisola Dada struck out all charges after the prosecution withdrew the case. The process leading to this decision included multiple applications from both sides. Eventually, the Attorney General of Lagos State took over the case and later filed a notice of discontinuance under Section 211 (1) (C) of the Constitution.
The EFCC initially objected but later dropped 20 of the 26 charges under Lagos State law. The prosecution then amended the case, leaving only one charge against Ishiekwene, which was later dismissed under Section 155 of the Administration of Criminal Justice Law (ACJL).
Before Abdul could be arraigned on a new charge under federal law, the Attorney General of the Federation (AGF) took over the matter and sought to withdraw it under Section 108 (1) of the Administration of Criminal Justice Act (ACJA). With this, all charges were officially dismissed, and both defendants were cleared.
Allegations of Bribery and Misconduct
The defense argued that the EFCC’s case was driven by personal interests rather than justice. They alleged that an EFCC operative solicited a $20,000 bribe in 2019 to drop the case. A sting operation later led to the operative’s arrest, and the court admitted the recovered money as evidence.
Additionally, the defense claimed that Chris Ndulue, former Managing Director of Arik Air, used financial influence to manipulate law enforcement. They alleged that he bribed former Deputy Inspector General of Police, Michael Ogbizi, who then had Ishiekwene and Abdul arrested and detained during a Cleanserve board meeting. Ndulue later admitted in court to giving Ogbizi money.
Key Testimonies and Evidence
One of the prosecution’s main claims was that Cleanserve obtained a N350 million credit facility from Wema Bank using a false board resolution. Another count alleged that the company used forged documents to open an account with Keystone Bank.
However, forensic expert Reginald Udunze, a retired police officer, testified that there was no evidence of forgery. He analyzed signatures on the disputed documents and confirmed they were authentic. Another witness, Alima Yusuf, a marketing executive from Bond Global Energy Projects, testified that her company had a financial dispute with Cleanserve, but it was unrelated to the fraud allegations.
Final Verdict and Implications
After reviewing the evidence, the judge ruled in favor of Ishiekwene and Abdul, discharging them of all charges. The case highlights concerns about corruption and misconduct within law enforcement and regulatory bodies.
With this ruling, Cleanserve’s leadership can now focus on business operations without the burden of legal battles. The verdict also serves as a reminder of the need for fair investigations and due process in financial disputes.
The dismissal of the case marks the end of a five-year legal battle, reinforcing the importance of integrity in Nigeria’s justice system.
