A Federal High Court in Abuja has ruled that Gabriel Suswam, former governor of Benue state, has a case to answer in the N3.1 billion fraud charges brought against him by the Economic and Financial Crimes Commission (EFCC).
Delivering the ruling on Wednesday, Peter Lifu, the presiding judge, dismissed the no-case submission filed by Suswam and his co-defendant, Omadachi Okolobia, who served as finance commissioner during his tenure.
The judge held that the EFCC had established a prima facie case, requiring the defendants to present their 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.
“The prosecution has placed before the court legally admissible evidence linking the two defendants to the allegations.
“They need to throw some light on the allegations because a prima face case has been established against them.
“The defendants’ no-case submission is refused and they are called upon to open their defence.”
The matter has been adjourned to September 22 and 26 for the defendants to enter their defence.
Suswam and Okolobia were first arraigned in 2015 on an 11-count charge bordering on money laundering and criminal breach of trust.
The EFCC alleged that they diverted N3.1 billion from the sale of Benue state’s shares in various companies, managed by the Benue Investment and Property Company Limited (BIPC).
The funds were allegedly laundered through Elixir Securities Limited and Elixir Investment Partners Limited.
The case has suffered multiple delays. Initially assigned to Ahmed Mohammed, the matter stalled after the judge recused himself over allegations of bias.
The case was then transferred to Okon Abang, but Suswam challenged the court’s jurisdiction. In February 2020, the court of appeal ordered a return of the case to Mohammed.
After the EFCC concluded its prosecution before Mohammed, the trial was expected to proceed with the defence.
However, the judge was elevated to the court of appeal in 2023, prompting the case to be reassigned to Lifu. As a result, Suswam and Okolobia were re-arraigned and the case started afresh.
With Wednesday’s ruling, the trial is now set to move into the defence phase, nearly a decade after it began.
The Cable
