The Kaduna State High Court has terminated the criminal case filed by the Economic and Financial Crimes Commission (EFCC) against a Kaduna businessman and his company over an alleged N7 million diversion and discharged the defendants.
The case, marked KDH/KAD/EFCC/46/2023, came up on Friday, October 31, 2026, before Justice Darius Khobo of the Kaduna State High Court sitting at NDA Junction, Kaduna.
The defendants are Nur’deen Olaitan Amodu-Ode and Grand Lynx Autoxpert Company Limited. The EFCC had accused them of diverting a N7 million credit facility granted by First City Monument Bank (FCMB) in August 2021 for the purchase of stocks for resale.
According to the Commission, the facility was allegedly converted to personal use in violation of the agreement, an offence contrary to Sections 296 and 297 of the Kaduna State Penal Code Law, 2017, bordering on criminal breach of trust and cheating.
Amodu-Ode had pleaded not guilty when he was arraigned, and the court granted him bail in the sum of N5 million with one surety in like sum on May 9, 2023. The case had been ongoing since then.
At Friday’s hearing, defence counsel informed the court that the nominal complainant, FCMB, had indicated it was no longer interested in pursuing the matter.
In his ruling, Justice Khobo agreed with the defence submission, holding that the court, being a court of justice and equity, could not continue to keep the charge against the defendants when the nominal complainant had withdrawn interest.
Consequently, the judge discharged Nur’deen Olaitan Amodu-Ode and Grand Lynx Autoxpert Ltd and terminated the charge against them. The bail earlier granted on May 9, 2023, was vacated.
The termination marks another instance where financial dispute cases brought by banks via EFCC are resolved after the bank signals loss of interest, raising questions about criminalization of credit facilities versus civil recovery.
Legal analysts told Mega Awareness that the ruling underscores the principle that criminal courts should not be used for debt recovery when the complainant is no longer pursuing the case.
The EFCC is yet to issue an official statement on whether it will appeal the termination.