N738.6m fraud: Maina alleges double jeopardy, asks court

From Godwin Tsa, Abuja

Abdulrasheed Maina, former Chairman of the defunct Pension Reform Task Team (PRTT), has urged a High Court of the Federal Capital Territory (FCT) to quash the charge bordering on alleged N738.6m fraud brought against him by the Economic and Financial Crimes Commission (EFCC) and to decline jurisdiction in entertaining the case.

In the charge marked FCT/HC/CR/24/2019, the EFCC accused Maina and Ann Igwe Olachi of receipt of stolen funds amounting to N738.6m.

The defendants have since pleaded not guilty to the alleged crime, upon their arraignment.

Maina has through his counsel, Emmanuel Ekwe, filed a notice of preliminary objection challenging the jurisdiction of the court to continue to proceedings in the charge, which he described as an abuse of court process.

Maina, who is listed as the 1st defendant in the charge argued that the present chare arose from the same operational period and transactions relating to pension funds in charge No: FHC/ABJ/CR/258/2019, for which he had previously been tried by the Federal High Court, convicted, and has served his custodial sentence.

His counsel, Ekwe maintained that the continuation of the present proceedings after prior conviction and service of sentence in respect of the same underlying transactions amounts to multiple prosecutions arising from the same factual foundation and constitutes an abuse of court process.

In the written submissions filed in support of the objection, Ekwe argued that where a proceeding constitutes an abuse of court process, the Court is divested of the jurisdiction to continue with such proceedings, and that the present charge ought to be quashed in its entirety.

The Defence further submitted that the Preliminary Objection raises a fundamental threshold issue as to the competence of the charge before the Court and urged the Court to determine same before taking any further steps in the proceedings so as to avoid subjecting the Defendant to multiple trials in respect of the same underlying transactions.

The preliminary objection filed by Counsel to the 1st defendant reads in part: “An Order of this Honourable Court quashing Charge No. FCT/HC/CR/24/2019 for want of jurisdiction, the same constituting an abuse of court process having arisen from the same set of facts and transactions in respect of which the 1st Defendant had previously been tried, convicted and has served his custodial sentence.”

It further states that: “The continuation of the present charge against the 1st Defendant after prior conviction and service of sentence in respect of the same underlying transactions amounts to multiple prosecutions arising from the same factual foundation and renders the present proceedings incompetent.”

Meanwhile, reacting to recent media reports alleging that his client was evading court proceedings, Ekwe described the publications as misleading and malicious, insisting that the matter currently being circulated in the media is the same case originally filed in 2019 which had already been heard and disposed of.

He further stated that the recent filing by another prosecuting counsel amounts to a duplication of a matter already adjudicated upon, which constitutes double jeopardy and an abuse of court process.

The defence lawyer also maintained that there was no refusal on the part of the 1st Defendant to attend court proceedings, stating that Dr. Maina is presently hospitalised — a fact known to the court — and for which medical documentation had been duly presented.

He added that the renewed proceedings coincided with recent public demands for accountability in respect of approximately ₦1.3 trillion in cash and about 227 properties allegedly recovered during pension reform recovery operations carried out during Dr. Maina’s tenure, and called on the Federal Government and relevant oversight institutions to conduct an independent forensic audit of all assets and funds recovered under the pension reform investigations.

The case has been adjourned to 26th February 2026 for continuation of trial-within-trial.