The former Benue State Governor, Gabriel Suswam, and his former Commissioner of Finance, Omadachi Oklobia, are to enter their defence in the N3.1 billion fraud case brought against them by the Economic and Financial Crimes Commission (EFCC).

This is as Justice Peter Lifu of the Federal High Court, sitting in Abuja, ruled on Wednesday that the defendants have a case to answer in the charge brought against them.

Justice Lifu, in his ruling on the no-case submission made by Suswam and his former Commissioner for Finance, Mr. Omodachi Okolobia, stated that the no-case submission lacks merit for now and consequently dismissed it.

The Judge held that a prima facie case has been successfully established against the former governor to warrant a defence in the fraud charges.

Justice Lifu therefore ordered the two defendants to enter their defence and fixed September 22 and 26 for them to do so.

Suswam, the first defendant, alongside his Commissioner of Finance, Omodachi Okolobia, are facing an 11-count amended charge for allegedly diverting N3.1 billion, being part of proceeds from the sales of the state government’s shares held on its behalf by the Benue Investment and Property Company Limited through Elixir Securities Limited and Elixir Investment Partners Limited.

At the proceeding, counsel to the first and second defendant, Chenelu Ogbozor and Paul Erokoro, SAN, had informed the court of their application brought pursuant to Sections 302 and 303 of the Administration of Criminal Justice Act, ACJA, 2015.

They urged the court to adopt the submission and discharge and acquit both defendants because they had not been effectively linked to the alleged offences.

However, the prosecution counsel, Rotimi Jacobs, SAN, had drawn the court’s attention to his response to the application in opposition to the no-case submission and prayed the court to dismiss the defence team’s application.

Among other things, the federal government lawyer stated that the no-case proceeding lacks substance and merit.
Suswam and Oklobia are being tried on an 11-count amended charge, which borders on money laundering and criminal breach of trust, over the alleged diversion of N3.1 billion.

According to the EFCC, the funds in question were part of the proceeds from the sale of Benue State government shares managed by the Benue Investment and Property Company Limited (BIPC), and sold through Elixir Securities Limited and Elixir Investment Partners Limited.