The scheduled arraignment of Halima Buba, Managing Director of SunTrust Bank, and Innocent Mbagwu, the bank’s Executive Director and Chief Compliance Officer, could not proceed on Tuesday, May 27, 2025, at the Federal High Court, Abuja, due to the absence of both defendants.
Justice Emeka Nwite, who presided over the matter, was informed by prosecuting counsel, Ekele Iheanacho (SAN), that efforts to serve the defendants with the court summons had not been successful.
The duo is facing prosecution by the Economic and Financial Crimes Commission (EFCC) on charges related to a $12 million money laundering scheme. The charges include conspiracy and facilitating unauthorized cash transactions in violation of sections of the Money Laundering (Prevention and Prohibition) Act, 2022.
Although Buba and Mbagwu were not present, their lawyers were in court. Iheanacho revealed that defence counsel had expressed readiness to accept service on their clients’ behalf, but the prosecution insisted on following due procedure by applying for substituted service.
“We intend to comply with Section 382(5) of the Administration of Criminal Justice Act (ACJA), which mandates an ex parte application for substituted service. Both parties have now agreed to return on June 4 for arraignment,” Iheanacho stated.
Defence counsel, J.J. Usman (SAN), told the court his clients only became aware of the charges through online reports and were yet to receive formal notification.
“Our clients directed us to attend proceedings after learning about the matter via social media. We approached the prosecution to accept service on their behalf, but they declined. We are asking the court to direct that service be effected on us to avoid unnecessary drama,” Usman submitted.
He also cautioned against any attempt to arrest or parade the defendants, arguing that the process must remain within legal bounds.
In response, Iheanacho dismissed the fears as premature, stating that the prosecution reserves the right to arrest the defendants should they be located before service is effected—unless the court grants permission for substituted service.
After hearing both parties, Justice Nwite adjourned the case to June 4, 2025, for arraignment and ordered the prosecution to file its application for substituted service on or before May 29.
The court’s decision sets the stage for what is likely to be a closely watched trial, given the stature of the accused persons in the Nigerian banking sector.
