By Desire Emmanuel
Justice James Omotosho of the Federal High Court, Maitama, Abuja, on Thursday November 13, dismissed a “no- case submission” filed by a former acting Accountant-General of the Federation, Chukwunyere Anamekwe Nwabuoku.
The judge held that he has a case to answer and should enter his defence in the charges of fraud levelled against him by the Economic and Financial Crimes Commission (EFCC).
Nwabuoku is being prosecuted by the EFCC on amended nine-count charges, bordering on money laundering and diversion to the tune of N868.465 million.
During the trial on Thursday, prosecuting counsel, Ekele Iheanacho, SAN, had in his written address opposed the no-case submission, arguing that the offences for which he is standing trial fall under Section 15 of the Money Laundering (Prohibition) Act, 2011 (as amended).
He also stated that the testimonies of the witnesses showed that there were unlawful transactions between the Ministry of Defence and the companies that received payments during Nwabuoku’s tenure as director of Finance and Accounts in the ministry.
However, counsel to the defendant, Norrison Quakers, SAN argued that the EFCC lacked the legal powers to prosecute the defendant on the alleged offences, adding also that the evidence advanced by the commission against the defendant was insufficient to elicit his prosecution.
In reference to the submission of the defence counsel, Justice Omotosho held that it would be improper at this stage to assess the credibility of the prosecution witnesses or the weight of the evidence tendered by the EFCC.
He also noted that the evidence presented so far by the commission on the allegations of conspiracy and money laundering are sufficient enough and required the defendant to enter his defence to them.
“The no -case submission of the defendant therefore fails,” the judge said and thereafter adjourned the matter till November 24 for continuation of trial.
