A Federal High Court sitting in Lagos has discharged and acquitted the former Executive Secretary of the National Health Insurance Scheme (NHIS), Dr Martins Femi Thomas, on five of the six counts filed against him in a $2.1 million money laundering case instituted by the Economic and Financial Crimes Commission (EFCC).
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Delivering judgment on Thursday, Justice Ayokunle Faji held that the EFCC failed to prove beyond reasonable doubt the allegations of conspiracy, unlawful enrichment, and false statements contained in counts 1, 2, 3, 4, and 7 of the amended charge.
However, the court found Dr Thomas guilty on count five, which related to conducting a cash transaction above the ₦5 million legal threshold for individuals. Justice Faji ruled that although the transaction exceeded the cash limit, the prosecution could not prove that the money was derived from criminal activity.
“The transaction in count five is only above the ₦5 million threshold. There is no proof it was from the proceeds of crime,” the judge said.
As part of the judgment, the court ordered the EFCC to refund all funds previously seized from Dr Thomas within 14 days, stating that the agency had no legal basis to continue holding the money. The release of the funds is contingent upon Dr Thomas paying a ₦10 million fine imposed as punishment for the single count on which he was convicted. He was also barred from travelling outside Nigeria until the fine is fully paid.
The court also found the second defendant, Mr Kabiru Sidi, guilty on the sole count against him — count six — for making a false statement during an EFCC interview in which he claimed ownership of the money in question. Sidi was sentenced to pay a ₦1 million fine.
In his sentencing remarks, Justice Faji acknowledged the pleas for leniency made by the defence counsel. He noted Dr Thomas’s consistent appearance in court, lack of prior convictions, and contributions to public service, including his tenure as Commissioner for Health in Lagos State and his role in developing the National Health Insurance Scheme.
“I have listened to your allocutus and noted your service to the nation, including establishing the cardiology department at Lagos University Teaching Hospital (LUTH), training many Nigerian cardiologists, and having no previous criminal record,” the judge said.
Dr Thomas was given seven days from the date of judgment to pay the fine and will remain within the country until full compliance.
Dr Thomas and Mr Sidi were first arraigned before Justice Faji on June 28, 2017, on an amended seven-count charge bordering on money laundering involving $2,198,900. The EFCC had accused Thomas, alongside his wife, Mrs Femi Thomas (who is still at large), of procuring one Bamidele Ibitoye to remove the said amount from Lagos, allegedly as proceeds of unlawful enrichment during his time in public office.
One of the charges read: “That you, Dr Martins Oluwafemi Thomas, a former Executive Secretary of the National Health Insurance Scheme, and Mrs Femi Thomas (still at large), on or about July 3, 2015, in Lagos, within the jurisdiction of this Honourable Court, procured Bamidele Ibitoye to remove from Lagos the sum of $2,198,900, being proceeds of your unlawful enrichment as a public officer, thereby committing an offence contrary to Section 18 and punishable under Section 15(2)(c) and (3) of the Money Laundering (Prohibition) Act, 2011 (as amended).”
During the plea for leniency, Dr Thomas’s lawyer, Mr Collins Ogbonna, appealed for mercy on account of his client’s retirement status, ongoing parental responsibilities, and professional contributions to Nigeria’s healthcare sector. Counsel to Sidi, Mr O. Ajanaku, similarly urged the court to consider his client’s poor health in mitigation.
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