From Godwin Tsa, Abuja
The Abuja division of the Federal High Court has held that former Benue State Governor, Gabriel Suswam, and his former Commissioner for Finance, Omodachi Okolobia, have a case to answer in the alleged N3.1bn fraud charge filed against them by the Economic and Financial Crimes Commission (EFCC).
Justice Peter Lifu who dismissed their no-case-submission said the prosecution agency has established a prime facie case against that required their defence.
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He accordingly ordered the defendants to open their defence and adjourned further trial to September 22 and 26, 2025.
In his ruling on the no-case submissions said after analysising the evidence of the nine prosecution witnesses and documents tendered by the prosecution, he is of the view that there is the need for the defendants to provide answers to the allegations against them.
“The defendants need to throw some light on some of the allegations made against them in the interest of justice and fair hearing. It’s is therefore my view that the two defendants have a case to answer. I so hold.
“I hold that the prosecution has successfully established a prima facie case against them as there are some evidence before the court to proceed with the trial,” Justice Lifu ruled.
Suswam and Okolobia are standing trial on an 11-count amended charge bordering on the alleged diversion of N3.1 billion, reportedly derived from the sale of shares belonging to the Benue State Government.
The shares were managed by the Benue Investment and Property Company Limited and sold through Elixir Securities Limited and Elixir Investment Partners Limited.
The EFCC claimed that the N3.1b formed part of the proceeds of the sale of shares owned by Benue State and its firm, Benue Investment and Property Company Limited in some companies.
The EFCC had on Wednesday, May 14, 2025, closed it’s case against the defendants after presenting it’s ninth prosecution witness (PW9), Ape Sunday.
During Wednesday’s proceedings, the prosecuting counsel, A.O. Atolagbe, informed the court that PW9 was the ninth and final witness for the prosecution, signaling the close of the prosecution’s case.
This followed the inability of the tenth prosecution witness, PW10, Mrs. Shiedu Awade, to testify due to ill health.
PW9, an investigator with the EFCC, while being led in evidence, told the court that PW10, a former cashier and executive officer at Benue Investment and Property Company Limited, had been hospitalized at the National Hospital in Abuja and was unable to appear in court due to the severity of her condition.
In response, counsels to the first and second defendants, C.E. Ugbozor and Paul Erokoro, SAN, respectively, informed the court of their intention to file a “no-case submission.” They requested 14 days to file the application, while the prosecuting counsel requested 21 days to file a response.
However, in their no-case submissions, filed and argued by their lawyers, the defendants had urged the court to discharge and acquit them on grounds that the prosecution failed to establish a prima facie case against them.
Responding, the prosecuting counsel, Rotimi Jacobs (SAN), referred the court to the prosecution’s reply, dated July 2025, with an attached written address. He urged the court to dismiss the no case submission, describing it as lacking merit and substance.
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