The Federal High Court, Abuja, on Wednesday, said former Benue Governor, Gabriel Suswam, and his former Commissioner for Finance, 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.
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.
NAN recalls that the duo were first arraigned before Justice Ahmed Mohammed in November 2015.
NAN reports that 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.
