By Hassanat Adebowale
A Federal High Court in Abuja on Thursday acquitted and discharged the former Director-General of the National Broadcasting Commission (NBC), Ishaq Kawu, of charges related to an alleged N2.5 billion corruption case.
Justice Folashade Giwa-Ogunbanjo ruled that the Independent Corrupt Practices and Other Related Offences Commission (ICPC) had failed to substantiate the allegations against Kawu and his co-defendants. The News Agency of Nigeria (NAN) reports that Kawu and others faced amended charges of diverting funds allocated for the Federal Government’s Digital Switch Over (DSO) project.
Kawu was arraigned in 2019 alongside Lucky Omoluwa and Dipo Onifade, Chairman and Chief Operating Officer of Pinnacle Communications Limited, respectively. They were accused of mismanaging the N2.5 billion seed grant intended for the DSO initiative.
According to the ICPC, Kawu allegedly influenced the Minister of Information and Culture to authorize the payment of N2.5 billion to Pinnacle Communications Limited, a company owned by Omoluwa, who was also a defendant in the case. The anti-graft agency claimed Omoluwa’s firm was not qualified for the grant and that he transferred N537.25 million of the funds to a Bureau De Change operator to obtain the dollar equivalent, which was then delivered to him in cash at his residence in Kaduna.
Initially, the ICPC filed a 12-count charge against the defendants, which was later reduced to five counts. The charges were based on Section 26(1)(c) and punishable under Section 19 of the Corrupt Practices and Other Related Offences Act, 2000.
Justice Giwa-Ogunbanjo’s judgment highlighted the failure of the ICPC to provide sufficient evidence to prove the allegations of bribery and misappropriation against Kawu and the other defendants. As a result, the court acquitted them of all charges.
This ruling brings an end to the high-profile case, which had drawn significant attention due to the involvement of a former top official and the substantial sums of money involved. The outcome also underscores the importance of thorough evidence gathering and presentation in corruption cases to secure convictions.
Under Nigerian law, corruption-related cases are prosecuted under statutes such as the Corrupt Practices and Other Related Offences Act, 2000, and the Economic and Financial Crimes Commission (EFCC) Act. However, for a conviction to be secured, the prosecution must provide credible and admissible evidence proving the defendant’s guilt beyond a reasonable doubt. The prosecution carries the burden of proof, meaning that without concrete evidence, an accused person cannot be convicted.
This case highlights the importance of due process and the principle that allegations alone do not establish guilt. The judiciary ensures that justice is based on solid evidence, not assumptions, upholding the fundamental right to a fair trial and legal protection as guaranteed by the Nigerian Constitution.
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