The trial concerning N3.1 billion purportedly embezzled from the state treasury was concluded on Wednesday by the Economic and Financial Crimes Commission (EFCC) against Gabriel Suswam, the former governor of Benue State.
On Wednesday, following the conclusion of the eighth prosecution witness, Adewale Agunbiade, before trial judge Ahmed Mohammed, Oluwaleke Atolagbe, an attorney for the EFCC, closed the prosecution’s case.
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Mr. Suswam and Omadachi Oklobia, his former finance commissioner, were accused in 2015 by the Federal High Court in Abuja in an 11-count revised indictment.
The state government’s stake in several businesses controlled by the Benue Investment and Property Company Limited on its behalf was allegedly diverted, according to the EFCC, out of earnings totaling N3.1 billion.
The matter has been pending for eight years, alternating between Mr. Mohammed and Okon Abang, a judge who was promoted to the Court of Appeal.
Mr. Agunbiade, a Guaranty Trust Bank (GTB) compliance officer, said in court that Mr. Suswam had two accounts with the bank: a naira account and a dollar account.
According to him, the dollar account received deposits totaling more than $200,000 between August 2014 and July 2015.
Between February 18 and July 2, 2015, Mr. Agunbiade said that Mr. Suswam deposited a total of $175,000 into the account in person at the Garki Area 11 branch in Abuja.
Through Mr. Agunbiade, the prosecution attorney produced several papers to support his case. Statements of transactions in each accounts from January 2007 to December 31, 2015, were included in the documents.
Mr. Agunbiade described additional activities involving the dollar account, such as a $10,000 cash deposit made by Ibrahim A on August 8, 2014, at a GTB branch in Ikoyi, Lagos.
“Aremu made a $10,000 cash deposit at the Garki, Area 3 branch on August 11, 2014, and Ibrahim Sanni Magaji made a $10,000 cash deposit at the Wapa, Kano branch on September 29, 2014.”
“A $10,000 cash deposit made by the individual was made at the FCT’s Garki, Area 11 branch on October 29, and another $10,000 cash deposit was made at the same location on October 30, 2014.”
“A cash deposit of $10,000 was made at the Area 11, Garki branch on November 3, 2014; a cash deposit of $20,000 was made at the same location on February 17, 2015,” revealed Mr. Agunbiade.
In September 2020, the witness stated under cross-examination by Mr. Suswam’s attorney, Chinelo Ogbozor, that he started working as a compliance officer at GTB.
He stated that between September 14, 2011, and September 16, 2015, there were significant and consistent credit inflows into the dollar account.
Mr. Agunbiade asserted that the credit inflows that occurred between 2014 and July 2, 2015, were not exceptional.
The witness responded, “I do not know the status of the accounts as of today, but I believe they were restricted at some point,” when asked if the two accounts were presently barred.
“I’m not aware of the specifics behind the account restrictions. I’m not sure if the accounts are frozen by a court order.
The witness was then subjected to a cross-examination by Mr. Oklobia’s attorney, Paul Erokoro, a Senior Advocate of Nigeria (SAN).
Mr. Agunbiade informed the court that the EFCC had written GTB to request access to the accounts.
“I did not notice any infraction in the transactions in the accounts,” Mr. Agunbiade responded when asked if the transactions had violated any laws.
Following the conclusion of Mr. Agunbiade’s evidence, the prosecution closed its case.
Oklobia wants to submit no cases.
The judge was informed by Mr. Erokoro, the attorney for Mr. Oklobia, that the former finance commissioner would file a no-case submission, which he claimed he could do in two weeks.
At the conclusion of the prosecution’s case, a defendant files a no-case submission, requesting an acquittal from the court without having to raise a defence. This type of petition is based on the defendant’s assumption that the prosecution was unable to connect him or her to the alleged offences despite all of the witnesses and evidence it presented.
After that, the judge postponed the case until January 9, 2024, so that Mr. Oklobia’s no-case petition could be adopted.
Samuel Ortom took over as Benue State’s ruler in 2015 when Mr. Suswam’s tenure ended.
Later on, in 2019, he was elected to the Senate and took up the senatorial seat for Benue Northeast.
