The Federal High Court in Abuja, on Monday, discharged and acquitted former Minister of Special Duties and Inter-Governmental Affairs, Kabiru Turaki, in the 16-count charge, bordering on unlawful and criminal misappropriation of N715 million against him and three others by the Economic and Financial Crimes Commission (EFCC).
The trial Judge, Justice Inyang Ekwo in a judgement, quashed all the charges preferred against the former minister by the EFCC on the ground that his trial in the charges was not only illegal but unconstitutional.
The Judge pronounced the trial unconstitutional following the refusal of the anti-corruption agency to give effect to a letter by the Attorney General of the Federation (AGF) to make a case file in respect of the charges available to his office.
Justice Ekwo held that under the 1999 Constitution and the Administration of Criminal Justice Act (ACJA) 2015, the AGF, who is the Chief Law Officer of the Federation, has inherent powers to review any criminal charge, take over the trial and even terminate the charges as his office may seem fit.
He held that the EFCC missed it by ignoring and neglecting the AGF’s letter of April 4, 2020, which demanded the case file for review in order to avoid malicious prosecution.
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Justice Ekwo said that any law enforcement agency that ignores or neglects the directive of the AGF does so at its own peril and proceeded to invoke sections 105 of ACJA and 21, 23 of the Money Laundering Prohibition Act 2012 and 174 of the 1999 Constitution to declare Turaki’s trial unlawful, illegal and null and void and struck it out.
On the no-case submission, the court, while pointing out that the defendants dislodged the evidence of the prosecution witnesses called in the matter during cross-examination, held that it was established during cross-examination that Turaki is not a signatory to the account of the ministry and that, there was no documentary evidence to show that he authorise any payment or make any transfer of funds.
The court held that the former minister, was not a member of the ministerial tenders board and that there was no inflow of funds from the account of the ministry to the company of the former minister.
“The entire testimony of PW12 is not sufficient to prove the case of the prosecution against the defendants. The prosecution witnesses were compromised witnesses, who were bent on the conviction of the first defendant”.
On the whole, the Judge held that there was no evidence to prove the allegations against the defendants in the 16 counts of charge preferred against them and consequently discharged and acquitted them
Turaki, who was standing trial on a 16-count charge bordering on unlawful and criminal misappropriation of funds to the tune of N715 million, along with three others, filed a no-case submission in the matter after the EFCC closed its case after calling 12 witnesses.
Other defendants are Sampson Okpetu, who served as his special assistant; Samtee Essentials Limited and Pasco Investment Limited: companies linked to Okpetu.
The anti-graft agency had alleged that the former minister used the two companies belonging to his assistant to illegally transfer the funds.
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