Posted on: Wed 06-08-2025

The Federal Government has launched a legal counteroffensive following the acquittal of Dr. Olufemi Thomas, former Executive Secretary of the National Health Insurance Scheme (NHIS), in a high-profile money laundering case involving 2.1 million USD

In a bold move, federal prosecutors filed a 28-page notice of appeal challenging the July 24 ruling of the Federal High Court in Lagos, which cleared Thomas of five out of six charges brought by the Economic and Financial Crimes Commission (EFCC). The court had ruled that the prosecution failed to prove its case beyond reasonable doubt and noted that the EFCC did not investigate key claims made by the defendant, including the sources of his income.

While Thomas was convicted on one count for making a cash payment above the 5 million legal threshold, he was fined 10 million naira and ordered to be refunded the seized USD2.1 million within 14 days of payment.

But the EFCC isn’t backing down.

In its appeal, the Commission argues that the trial court relied on “imaginary and fanciful doubt” rather than the weight of evidence. It insists that Thomas failed to provide a consistent explanation for the sudden surge in his financial assets and invoked Section 19(5) of the EFCC Act, which places the burden of proof on the accused to justify wealth that exceeds known income sources.

The EFCC also criticized the court’s refusal to order forfeiture of the funds, calling it a reward for illegality and a threat to Nigeria’s anti-corruption framework. It highlighted that Thomas’s private businesses, including his farm, paid no taxes and had no traceable legal income apart from his public service earnings.

Now, the EFCC is asking the Court of Appeal to:

• Overturn the acquittal on the remaining counts
• Convict Thomas
• Permanently forfeit the USD2.1 million to the Federal Government

This appeal could set a major legal precedent in Nigeria’s fight against illicit financial flows and unexplained wealth, especially among former public officials.

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