The Federal High Court in Abuja on Wednesday dismissed a “no-case submission” filed by the former director of Small Scale and Medium Enterprises, (SMEDAN), Bature Masari.
Judge Obiora Egwuatu dismissed the no-case submission and ordered the defendant to enter his defence against the fraud charges.
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The Economic and Financial Crime Commission (EFCC), through its Head, Media and Publicity, Dele Oyewale, shared details of the ruling in a statement on Thursday.
According to the statement, the judge held that the prosecution has sufficiently proved that Mr Masari has a case to answer and should therefore proceed to defend himself against the allegations of fraud and corruption brought against him by the EFCC.
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The judge adjourned the matter until 23 February for the defendant to commence his defence.
The EFCC is prosecuting Mr Masari on an amended 22-count charge for money laundering and corruption involving N119.5 million.
He was first arraigned in the case on 10 April 2019 on 17 counts before former trial judge Okon Abang, who was later elevated to the Court of Appeal bench. He was later re-arraigned on amended 22 counts in May 2024 before Mr Egwuatu.
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Following the EFCC’s conclusion of its case after calling a witness and tendering exhibits in court to prove its case, the defendant filed a “no case submission.”
He asked the court to discharge and acquit him on the grounds that the prosecution was not able to establish a case of wrongdoing against him.
The prosecution filed its response to the “no case submission” and adopted it on 13 January.
The judge upheld EFCC’s argument in his ruling on Thursday, dismissing the no-case submission and ordering the defendant to open his defence.
Background
Mr Masari was Director-General of SMEDAN from 2013 to 2016. He has previously faced several corruption allegations.
In 2018, he was arraigned by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) on 27 counts related to money laundering and embezzlement, including the fraudulent award of constituency project contracts worth N184.5 million without due process.
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He was also accused of receiving N50 million from a contractor on 27 November 2014 and distributing part of the sum to others, in contravention of Section 10 of the Corrupt Practices and Other Related Offences Act 2000.
The current EFCC prosecution, which led to the dismissal of his no-case submission, involves an amended 22 counts of money laundering and gratification of N119.5 million.
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