N5.3bn fraud: Court strikes out corruption charges against Nnamani

RELIEF on Tuesday came the way of former Governor of Enugu State, Chimaroke Nnamani as a Federal High Court in Lagos, struck out all the proceedings in relation to the trial, over alleged N5.3 billion fraud.

Justice Chuka Obiozor struck out the proceedings after Counsel to the Economic and Financial Crimes Commission (EFCC), prosecutor, Mr Kelvin Uzozie, told the court of the intention of anti-graft agency to file a new charge with a new number against Nnamani.

Nnamani was standing trial alongside his former aide, Sunday Onyekazor Anyaogu.

Both of them were being tried before the court by the EFCC on charges bordering on N5.3 billion fraud.

At the resumed hearing of the matter on Tuesday, Uzozie told the court that upon looking at the fact of the case, the position of the EFCC is to file a new charge with a new number, against the defendants.

Uzozie said the decision to file new charge with new number against the two accused persons was based on the judgment of Justice Mohammed Yunusa which was delivered on July 7, 2017, on charge number FHC/L/09C/07,

The prosecutor also told the court that as it were, there is no charge against Nnamani and his aide before the court. He consequently urged the court to strike out the entire proceedings before the court.

Nnamani’s lawyer, Mr Rickey Tarfa, and lawyer to the second accused, Mr Victor Obaro, did not oppose the prosecution’s application.
Tarfa told the court that when the matter came up at the last adjourned date, they had filed an affidavit to the termination of the charge of FHC/L/09c/07, which he said had been conceded to by the prosecution.

Tarfa also stated that in fairness to the prosecution, as at the time the matter was reassigned, there was no case to be reassigned.

Uzozie, however, said that his request to court was that the entire proceedings before the court be set aside, and the prosecution given liberty to file a new charge.

Ruling on the submissions of the parties, Justice Obiozor ordered that the whole proceedings be expunged.

“As the learned prosecutor has said, in effect, proceedings with this case will be an exercise in futility, I shall order under the Act of this court, I shall expunge the entire proceedings before this court, as there was never a charge before this court. All proceedings before the court are hereby expunged and struck out”.

Recall that Nnamani, Anyaogu and six companies had been first arraigned in 2007 for allegedly conspiring to divert about N5.3bn from the coffers of Enugu State.

The case, which had been handled by three judges, was last year December transferred to Justice Obiozor.

With the court order, it means that the bench warrant earlier issued by the court against Nnamani has been discharged, and become null and void.