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The Federal High Court, Abuja, on Wednesday, ruled that former Benue State Governor Gabriel Suswam and his former Commissioner for Finance, Omadachi Oklobia, have a case to answer in the N3.1 billion charge against them.
The judge, Peter Lifu, held in a ruling that the prosecution established a prima facie case against the defendants, warranting them to enter their defence.
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Mr Lifu’s ruling was on the no-case filed by Messrs Suswam and Oklobia after the prosecution – the Economic and Financial Crimes Commission (EFCC) – closed its case with nine witnesses and tendering documentary exhibits.
The no-case submission filed by the defendants under section 302 and 303 of the Administration of Criminal Justice Act (ACJA) 2015 sought the dismissal of the charges on the grounds that the prosecution failed to lead evidence establishing any criminal act against them. They urged the court to rule that they had no case to answer and should be acquitted without the need to enter defence.
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“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,” Mr Lifu ruled on Wednesday.
“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.
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“The defendants’ no-case submission is refused, and they are called upon to open their defence.”
The judge adjourned the matter until 22 and 26 September for the defendants to open and possibly close their case.
Mr Suswam served as Benue State governor from 2007 to 2015 and went on to serve one term as the Senator representing Benue North-East Senatorial District.
The News Agency of Nigeria (NAN) reports that he and Mr Oklobia are standing trial on 11 counts of conspiracy, money laundering and criminal breach of trust involving N3.1 billion belonging to Benue State.
In the case, which has been in court since 2015, the prosecution accused the defendants of diverting the money from the proceeds from the sale of Benue State Government shares managed by the Benue State Investment and Property Company Limited (BIPC).
The EFCC also alleged that the defendants sold the shares through Elixir Securities Limited and Elixir Investment Partners Limited.
At the hearing of the defendants’ no-case submission earlier this month, defence lawyers Chinedu Ogbozor (for Mr Suswam) and Paul Erokoro, a Senior Advocate of Nigeria (SAN) (for Mr Oklobia), urged 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, Rotimi Jacobs, also a SAN, opposed the application, maintaining that the evidence on record sufficiently connected the defendants to the charge.
Chequered history
NAN recalls that the duo first arraigned before trial judge Ahmed Mohammed in November 2015.
He withdrew from the case following a Sahara Reporters’ publication accusing him of receiving bribes to give Mr Suswam soft landing. The case was reassigned to another judge, Okon Abang.
Mr Suswam protested reassignment of the case to Mr Abang.
His legal team argued that Abang lacked jurisdiction to hear the case on the grounds that the Chief Judge lacked the power to reassign a part-heard case to a new judge.
But in his ruling delivered on 30 September 2019, Mr Abang sustained the arguments put forward by the prosecution, who urged the judge to assume jurisdiction and order the defendants to be arraigned.
Mr Abang, in dismissing Mr Suswam’s application, noted that he could not reverse the administrative decision of the Chief Judge, who re-assigned the case to him.
Displeased with the decision, Mr Suswam appealed to the Court of Appeal seeking an order compelling the Chief Judge to withdraw the case from Mr Abang and return it to Justice Mohammed.
While the legal battle over which judge should handle the case, the case was making progress before Mr Abang.
Within four months of the commencement of the case before Mr Abang, the prosecution had called four witnesses, the same number of witnesses the prosecution was able to call in the four years that the case was before Mr Mohammed.
On 19 February 2020, the Court of Appeal in Abuja gave a ruling returning the case to Mr Mohammed.
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, Mr Mohammed was elevated to the Court of Appeal bench in 2023.
With Mr Mohammed’s elevation, the case was reassigned to Mr Lifu, prompting a fresh plea by the defendants. The defendants pleaded not guilty again, and the prosecution went on to open its case, calling nine witnesses to prove the charges against them.
(NAN)
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