The legal team of former Benue State governor, Gabriel Suswam, on Wednesday sought the permission of the Federal High Court, Abuja, to file a “no-case” submission anticipating a ruling on the alleged N3.1 billion fraud case instituted against him by the Economic and Financial Crimes Commission (EFCC) since 2015.
The defence team made the oral application before Justice Peter Lifu after counsel for the EFCC, O.A. Atolagbe, informed the court that the Commission had closed its case against the ex-governor and another defendant.
The EFCC had in 2023 concluded its case against Suswam before Justice Ahmed Mohammed.
But the matter commenced afresh before Justice Peter Lifu.
Nairametrics previously reported in 2015 that the EFCC had arrested Suswam over corruption allegations during his administration.
Suswam, alongside his then Commissioner for Finance, Omodachi Okolobia, is facing an 11-count amended charge of N3.1 billion money laundering.
Legal Disputes
The EFCC alleged, among other things, that the funds formed part of the proceeds from the sale of the state government’s shares, held on its behalf by the Benue Investment and Property Company Limited, and sold through Elixir Securities Limited and Elixir Investment Partners Limited.
The ex-governor and his co-defendant pleaded not guilty to the charges, paving the way for trial.
During the trial, the EFCC fielded several witnesses, including a bureau de change operator, Abubakar Umar, who testified that in 2014 he converted the sum of N3.1 billion, allegedly wired to him by Suswam as governor, and delivered its equivalent of $15.8 million in cash to Suswam at his Maitama, Abuja residence.
What Transpired in Court
- At the resumed proceedings, the EFCC lawyer presented his ninth and final prosecution witness, Appea Sunday, an EFCC investigator attached to the Economic Governance Section of the Commission’s Investigations Department.
- The witness stated all he knew regarding the investigations assigned to him in the case, while also confirming associated documents.
- He was briefly cross-examined by the defence team.
- After his testimony, Atolagbe informed the judge that, with the testimony of its ninth witness, the Commission had closed its case against the defendants.
- The defence team, including Paul Erokoro, SAN, responded that they intended to file a no-case submission, implying their clients had no case to answer.
“In light of this, the first defendant believes that the right step to take now is to make a no-case submission.
“We therefore are asking the court for 14 days, if it is convenient, to make our submission,” a defence counsel said, with Erokoro making the same line of submission for Okolobia.
- Atolagbe maintained that the EFCC had established a credible (prima facie) case against the defendants.
- He asked the judge for 21 days to respond to the defendants’ no-case submission.
- After hearing from both parties, Justice Lifu adjourned the case to June 24, 2025, for the adoption of counsel’s written addresses on the no-case submission.
- Nairametrics reports that the adoption of final written addresses by lawyers paves the way for a trial judge to fix a judgment date on a matter.
Backstory
Nairametrics reports that Gabriel Suswam was the Benue State governor from May 2007 to May 2015 and has been embroiled in allegations of public fund looting.
- It will be recalled that the judicial panel of inquiry set up by former governor Samuel Ortom to investigate the Suswam administration revealed details on how N6.5 billion from the Subsidy Reinvestment and Empowerment Programme (SURE-P) fund was unaccounted for.
- The EFCC spokesperson, Wilson Uwujaren, had confirmed Suswam’s arrest, stating that he was invited by the EFCC in connection with an ongoing corruption investigation in Benue State.
Before the matter against Suswam was assigned to Justice Lifu, the case had been handled by different judges, namely Justice A.R. Mohammed and later Justice Okon Abang, following their respective elevations to the Court of Appeal.