Court acquits Cleanserve chairman, MD of N1.35bn fraud charges 

An Ikeja special offences court has discharged and acquitted Azubuike Ishiekwene, a veteran journalist and chairman of Cleanserve Integrated Energy Solution Limited, as well as Olalekan Abdul, the company’s managing director/chief executive officer (CEO), of fraud and forgery allegations.

The Economic and Financial Crimes Commission (EFCC) had arraigned the defendants in 2020 on a 26-count charge bordering on conspiracy, forgery, and stealing.

They were in the charge, marked ID/11126C/19, alleged to have conspired with Adeyinka Adewole and Morakinyo Bolanle, who are at large, to obtain N350 million and N1 billion from Wema Bank under false pretences.

The EFCC alleged that the defendants forged a document, dated April 9, 2018, titled, ‘Board Resolutions of Cleanserve Integrated Energy Solutions Ltd’, purported to have been issued by Cleanserve Integrated Energy Solutions Limited.

The commission also alleged that Abdul, on December 14, 2010, presented a false board resolution of Cleanserve Integrated Energy Solutions Limited to Wema Bank to obtain a credit facility of N350 million and N1 billion at different intervals.

However, the defendants pleaded not guilty to all the counts.

The defendants filed no-case submissions dated August 11 and August 15, 2023, praying the court to dismiss the charges, discharge and acquit them.

They contested the testimony of the EFCC’s witnesses, arguing that the prosecution failed to show any prima facie evidence linking them with any alleged offence.

The first defendant, in particular, told the court that he was a victim of a vendetta by EFCC elements who were disgruntled that he reported them for demanding a $20,000 bribe. The prosecution countered this argument.

In a ruling on November 17, 2023, Mojisola Dada, the presiding judge, upheld the EFCC’s argument that a prima facie case had been established and the defendants had questions to answer concerning the allegations.

The prosecution had called nine witnesses, while the defence presented four witnesses during the trial.

Following a series of applications by parties in the suit, the attorney-general of Lagos and commissioner for justice, stepped in and took over the matter after a review.

The office of the Lagos attorney-general subsequently filed a notice of discontinuance under section 211 (1) (C) of the constitution.

EFCC counsel, Franklin Ofoma, initially filed a notice of preliminary objection but later conceded to discontinuing 20 out of the 26 counts brought under the criminal laws of Lagos state.

The anti-graft agency subsequently filed amended information dated October 24, 2024, which left the only surviving count against Ishiekwene being dropped and his eventual discharge from the suit under section 155 of the Administration of Criminal Justice Law (ACJL), 2021.

The amended charge was thereafter against the first defendant, Abdul, under the federal law, which was outside the purview of Lagos state.

However, before the arraignment of Abdul on the new amended charge, on January 30, 2025, the office of the attorney-general of the federation (AGF) took over the matter.

The AGF subsequently sought to withdraw the suit and discontinue the same under section 108 (1) of the Administration of Criminal Justice Act (ACJA), 2015.

In her judgment on March 5, 2025, Dada discharged and acquitted the 1st defendant.

“This therefore puts paid to all pending applications and the case struck out and the defendant discharged and acquitted pursuant to Section 73 (1) and (11) ACJL, 2021,” Dada said.