By Yemi Oyeyemi, Abuja.
A High Court of the Federal Capital Territory FCT, has discharged and acquitted a former Secretary to the Government of the Federation SGF, Babachir Lawal and five others over the N544M contract fraud offences brought against them by the Economic and Financial Crimes Commission EFCC.
But the anti-graft agency says it will appeal the ruling of Justice Charles Agbaza of the Federal Capital. Territory High Court Abuja, which dismissed the 10-count charge of corruption.
Lawal, his younger brother, Hamidu David Lawal, Suleiman Abubakar and Apeh John Monday were prosecuted by the commission alongside two companies, Rholavision Engineering (fifth defendant) and Josmon Technologies (sixth defendant) on amended 10-count charge, bordering on fraud, diversion of funds and criminal conspiracy to the tune of over N544million.
Ruling on the no case submission made by the defendants today, Justice Agbaza held that the Commission which presented 11 witnesses in the course of the trial, failed to establish the ingredients of the alleged offence. He held that the Commission did not establish that Babachir Lawal was either a member of the Presidential Initiative for North East PINE that awarded the contract or a member of the Ministerial Tenders Board that vetted and gave approval to the disputed contract.
But dissatisfied with the ruling, the EFCC has given indication that it will obtain a copy of the judgment for urgent review and challenge its validity at the appellate court.
The Court on Friday held that the anti-graft agency failed woefully to establish prima facie case against the Ex-SGF and the co-defendants.
In a ruling on the no-case submission made by Babachir Lawal and others, the judge held that no ingredients of any offence was made out by the 11 witnesses that testified for the EFCC.
Besides, Justice Agbaza held that EFCC also failed to link Babachir Lawal with the Bureau of Public Procurement BPP that issued a certificate of no objection to the contract before it was awarded.
The Judge discharged and acquitted all the defendants in the 10-count criminal charges against them for want of evidence to link them with the purported offences.
The Economic and Financial Crimes Commission, EFCC had on Monday, November 30, 2020 re-arraigned the former Secretary to the Government of the Federation, Babachir Lawal before Justice Agbaza.
