“Agbaza further held that the EFCC did not establish that Babachir Lawal was either a member of the Presidential Initiative for Northeast, which awarded the contract, or a member of the Ministerial Tenders Board that vetted and gave approval to the disputed contract” – Court
The Federal High Court in Abuja has acquired former secretary to the government of the federation (SGF), Babachir Lawal and five others from the Economic and Financial Crimes Commission’s (EFCC) N544M contract fraud charge against them.
ASHENEWS reports that Lawal, his younger brother, Hamidu David Lawal; Sulaiman Abubakar, Apeh John Monday and two companies, Rholavision Engineering Ltd and Josmon Technologies Ltd have been standing trial over alleged money laundering.
Justice Charles Agbaza on Friday tiled that the EFCC failed to establish a case against the Ex-SGF and five others, pointing out that the 11 witnesses that testified for the anti-graft agency, did not make out ingredients of any offence.
Agbaza further held that the EFCC did not establish that Babachir Lawal was either a member of the Presidential Initiative for Northeast (PINE) which awarded the contract, or a member of the Ministerial Tenders Board that vetted and gave approval to the disputed contract.
According to the judge, the EFCC also failed to link Babachir Lawal with the Bureau of Public Procurement (BPP) which issued a certificate of no objection to the contract before it was awarded.
Justice Agbaza therefore discharged and acquitted all the defendants of the 10-count criminal charges against them for want of evidence to link them with the purported offences.
And the EFCC files to appeal ruling
“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” – EFCC
In a swift reaction to the judgement of the court however, the EFCC in a statement by its spokesperson, Wilson Uwujaren emailed to ASHENEWS on Friday, said it would appeal the ruling of the court.
“The Economic and Financial Crimes Commission (EFCC) is to appeal the ruling of Justice Charles Agbaza of the Federal Capital. Territory High Court Abuja, which today dismissed the 10-count charge of corruption brought against a former Secretary to the Government of the Federation, Mr. Babachir Lawal.
“Lawal, his younger brother, Hamidu David Lawal, Suleiman Abubakar and Apeh John Monday are being prosecuted by the Economic and Financial Crimes Commission, EFCC, 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 N544 million.
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.
