Abuja: The Federal High Court, Abuja, on Wednesday declared that former Benue Governor Gabriel Suswam and his former Commissioner for Finance, Omadachi Oklobia, have a case to answer in the N3.1 billion fraud charge against them. Justice Peter Lifu, delivering the ruling on the no-case submission by Suswam and Oklobia, stated that the prosecution had established a prima facie case requiring their defense.
According to News Agency of Nigeria, Justice Lifu was not convinced by the defendants’ request to apply Sections 302 and 303 of the Administration of Criminal Justice Act (ACJA) 2015, which would have allowed the court to rule that they had no case to answer. The judge noted that the evidence presented necessitated explanations from the defendants to ensure fair hearing. He ruled that legally admissible evidence linked the two defendants to the allegations, prompting them to clarify the accusations against them.
The judge refused the defendants’ no-case submission and scheduled the matter for September 22 and September 26, allowing the defendants to commence and possibly conclude their defense. Suswam and Oklobia face an 11-count amended charge involving conspiracy, money laundering, and criminal breach of trust totaling N3.1 billion.
The Economic and Financial Crimes Commission (EFCC) claimed that the funds in question originated from the sale of Benue government shares managed by the Benue Investment and Property Company Limited (BIPC), facilitated through Elixir Securities Limited and Elixir Investment Partners Limited. On a prior court date, Suswam’s Counsel, Chinedu Ogbozor, and Paul Erokoro, SAN, representing Oklobia, submitted a no-case submission on their clients’ behalf, citing Sections 302 and 303 of the ACJA, 2015.
They urged the court to adopt their submission, supported by a written address, requesting the discharge and acquittal of the defendants on the grounds that the prosecution had not established a prima facie case. Lead prosecution counsel, Mr. Rotimi Jacobs, SAN, opposed the submission, reiterating in his written reply that the evidence sufficiently connected the defendants to the charges.
NAN recalls that Suswam and Oklobia were initially arraigned in November 2015 before Justice Ahmed Mohammed, who later recused himself due to a media report by Sahara Reporters. The case was subsequently reassigned to Justice Okon Abang and later returned to Justice Mohammed by the Court of Appeal in 2020. Following Justice Mohammed’s elevation to the Court of Appeal in 2023, the case was reassigned to Justice Lifu, requiring a fresh plea from the defendants, who pled not guilty.
Lifu warned against allowing the case’s chequered history to repeat, emphasizing a commitment to a fair and expeditious trial.
