By Fisayo Ogunsakin with agency reports

The Federal High Court in Abuja has ruled that former Benue State Governor Gabriel Suswam and his former Commissioner for Finance, Omadachi Oklobia, must defend themselves in the ongoing trial over alleged misappropriation of N3.1 billion.

Delivering a ruling on the no-case submission filed by the two defendants, Justice Peter Lifu held that the prosecution, the Economic and Financial Crimes Commission (EFCC), had established a prima facie case linking the defendants to the allegations. He rejected the argument that the prosecution’s evidence was insufficient to warrant a defence.

“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 judge said. “Legally admissible evidence has been placed before the court linking the two defendants to the allegations. A prima facie case has been established.”

He consequently dismissed the no-case submission and ordered the defendants to open their defence on September 22 and 26.

Suswam and Oklobia are standing trial on an 11-count amended charge bordering on conspiracy, money laundering, and criminal breach of trust involving N3.1 billion. The EFCC alleges that the funds were proceeds from the sale of Benue State government shares managed by the Benue Investment and Property Company Limited (BIPC). The shares were reportedly sold through Elixir Securities Limited and Elixir Investment Partners Limited.

The anti-graft agency claims that the funds were diverted for personal use. Among its nine witnesses was an EFCC investigator who testified that large sums of money were moved from the share sale into private accounts and physically transported to the defendants.

During the last hearing, counsel to the defendants — Chinedu Ogbozor for Suswam and Paul Erokoro, SAN, for Oklobia — filed a no-case submission citing Sections 302 and 303 of the Administration of Criminal Justice Act, 2015. They argued that the prosecution had failed to establish a link between their clients and the alleged offences and urged the court to dismiss the charges.

In response, lead EFCC counsel, Rotimi Jacobs, SAN, filed a written reply urging the court to reject the application. He insisted that the evidence presented, including witness testimonies and documentary exhibits, sufficiently tied the defendants to the alleged offences.

This case, which has spanned nearly a decade, was first brought before the court in 2015 and has gone through a series of delays, reassignments, and legal challenges. Initially assigned to Justice Ahmed Mohammed, the trial stalled when the judge recused himself following a report by Sahara Reporters alleging bias. The case was then transferred to Justice Okon Abang, whose jurisdiction was challenged by Suswam. The Court of Appeal later ordered that the matter be returned to Justice Mohammed, who eventually began full trial and heard all EFCC witnesses before his elevation to the Court of Appeal in 2023.

Following Mohammed’s elevation, the case was reassigned to Justice Lifu. The defendants were re-arraigned and entered fresh not guilty pleas. Their legal team requested that their clients be allowed to remain on the bail terms previously granted by Justice Mohammed, which the court granted.

Justice Lifu has warned that he would not be a party to any further delays in the case and expects the defence to proceed without hindrance on the next adjourned dates.

The trial continues on September 22 and 26.

Dear readers, we really need your support to keep on serving you with authoritative, truthful, and juicy stories everyday. For your support, please reach out to the editor @gavelinternational66@gmail.com