A Lagos State High Court sitting at Ikeja has discharged and acquitted two lawyers, Tom Awhana and Paul Okoro, of all 19 counts of conspiracy and stealing brought against them by the Federal Republic of Nigeria, holding that the prosecution failed to prove the allegations beyond reasonable doubt.
Delivering judgment, Justice M.A. Dada ruled that the prosecution failed to establish with credible evidence that the defendants conspired to steal or unlawfully convert any money belonging to Mogbeyi Sagay & Co.
The defendants had been arraigned on allegations that between 2012 and 2013, they conspired to steal N3.66 million belonging to the law firm.
While the second defendant, Paul Okoro, was specifically charged with stealing the N3.66 million, Tom Awhana faced an additional 17 counts alleging the theft of various sums at different times.
During the trial, the prosecution called witnesses, including a compliance officer from Heritage Bank, who confirmed that account-opening documents and bank statements requested by the EFCC were genuine.
The witness also testified that Tom Awhana was the signatory to the account in question. However, under cross-examination, he admitted that the bank could not determine the purpose of deposits and withdrawals made through the account because it merely honoured its customers’ mandates. He further confirmed that Paul Okoro was not a signatory to the account.
Evidence before the court also showed that following the death of the firm’s founder, several bank accounts were opened to separate the firm’s finances from those of the deceased’s estate.
Witnesses acknowledged that the administrators of the estate had authorised Tom Awhana, as Head of Chambers, to oversee the day-to-day running of the law firm during the transition.
After evaluating the evidence, Justice Dada on June 4, 2026, held that the prosecution failed to identify any specific money that had been stolen or to demonstrate how the alleged sums in the charge were calculated.
The court observed that no reconciliation of the firm’s accounts was produced to support the allegations and that the prosecution failed to distinguish legitimate business expenses, salaries, and agreed profit-sharing arrangements from the funds it claimed had been stolen.
The court further noted that one of the prosecution’s witnesses admitted that no money was actually found to be missing and that the case was largely built on suspicion arising from financial transactions carried out during the administration of the firm after the founder’s death.
Reaffirming the constitutional principle that every accused person is presumed innocent until proven guilty, Justice Dada held that suspicion, no matter how strong, cannot take the place of proof beyond reasonable doubt.
Consequently, the court dismissed all 19 counts and discharged and acquitted both Tom Awhana and Paul Okoro, bringing to an end the lengthy criminal trial.
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