THE FEDERAL High Court sitting in Abuja said on Wednesday that former Benue State Governor Gabriel Suswam and the Commissioner for Finance in his government, Mr Omadachi Oklobia, have a case to answer in the N3.1 billion charge against them.
Delivering a ruling in the no-case submission entered by Suswam and Oklobia, Justice Peter Lifu held that the prosecution had established a prima facie case against them that required them to defend.
Justice Lifu said that he had been persuaded by the defendants to invoke Section 302 and 303 of the Administration of Criminal Justice Act (ACJA) 2015 to hold that they had no case to answer.
“Upon perusing the evidence before the court, I am mindful to hold that the defendants have some explanation to offer in the interest of fair hearing.
“The prosecution has placed before the court legally admissible evidence linking the two defendants to the allegations. They need to throw some light on the allegations because a prima face case has been established against them.
“The defendants’ no-case submission is refused and they are called upon to open their defence,” the judge ruled.
The judge adjourned the matter until Sept. 22 and Sept. 26 for the defendants to open and possibly close their case.
Former Governor Suswam and his Finance Commissioner Oklobia are standing trial on an 11-count amended charge bordering on conspiracy, money laundering and criminal breach of trust to the tune of N3.1 billion.
The Economic and Financial Crimes Commission (EFCC), the prosecuting agency, alleged that the funds in question were part of the proceeds from the sale of Benue government shares managed by the Benue Investment and Property Company Limited (BIPC). That the shares were sold through Elixir Securities Limited and Elixir Investment Partners Limited.
On the last adjourned date, Suswam’s counsel, Chinedu Ogbozor, and Paul Erokoro, SAN, representing Oklobia, informed the court that they had filed a no-case submission on behalf of their clients.
They said that the decision to file the no-case submission stemmed from Sections 302 and 303 of the Administration of Criminal Justice Act (ACJA), 2015. They urged the court to adopt their submission which they supported with a written address.
They prayed the court to discharge and acquit the defendants, arguing that the prosecution had failed to establish a prima facie case against them.
In response, lead prosecution counsel, Mr Rotimi Jacobs, SAN opposed the application, referencing his written reply submitted in July.
He urged the court to dismiss the no-case submission, maintaining that the evidence on record sufficiently connected the defendants to the charge.
The duo were first arraigned before Justice Ahmed Mohammed in November 2015, who later recused himself from the case before it was reassigned to another judge, Justice Okon Abang, for hearing.
Mohammed had referenced a media report by Sahara Reporters which accused him of having been compromised to give Suswam a soft landing as his reason to withdraw from the case.
Suswam challenged the jurisdiction of the court presided over by Justice Abang to handle the suit.
In a ruling in February 2020, the Court of Appeal in Abuja ordered a return of the case to Justice Mohammed for trial.
Consequently, Mohammed began hearing of the case to the extent that the EFCC closed its prosecution.
While the defendants were preparing to open their defence, Mohammed was elevated from the Federal High Court to the Court of Appeal in 2023.
With Justice Mohammed’s elevation, the case was reassigned to Justice Lifu, where Suswam and Okolobia had to take a fresh plea.
Suswam and Oklobia were re-arraigned before Lifu where they pleaded not guilty to the charge when it was read to them.
Their lawyers prayed the court to allow their clients to enjoy the previous bail conditions granted them by Justice Mohammed, the former judge, who was handling the case before his elevation to the Court of Appeal.
Lifu warned lawyers that he would not be a part of the case’s chequered history. (NAN)
