CRIMINAL PROSECUTION 07/12/2023
Alleged N3.1bn Fraud: Prosecution Closes Case in Suswam, Oklobia’s Trial
he prosecution announced the closure of its case on Wednesday in the trial of the former governor of Benue state, Gabriel Suswam, and the finance commissioner during his tenure, Omadachi Oklobia before a Federal High Court in Abuja.
Suswam and Oklobia are accused by the Economic and Financial Crimes Commission (EFCC), in an 11-count amended charge of diverting N3.1bn belonging to Benue state.
The EFCC claimed that the N3.1b formed part of the proceeds of the sale of shares owned by Benue State and its firm, Benue Investment and Property Company Limited in some companies.
On Wednesday, prosecuting lawyer, Oluwaleke Atolagbe announced the closure of the prosecution’s case after the testimony of his eighth witness, Adewale Agunbiade.
Agunbiade, a Compliance Officer with Guaranty Trust Bank (GTB) told the court that Suswam operated two accounts with his bank – a naira account and a dollar account.
The witness said over $200,000 was deposited in the dollar account between August 2014 and July 2015.
He said Suswam, on his own, paid $175,000 into the account between February 18 and July 2, 2015 a total of $175,000 was paid in as a cash deposit at the Garki Area 11 branch
The prosecution tendered some documents through the witness, statement of transactions in both accounts from January 2007 – Dec 31, 2015.
Reading from the statement of account, Agunbiade gave details of other transactions in the dollar account including August 8, 2014, when he noted that a cash deposit of $10,000 was by Ibrahim A the bank’s Ikoyi branch.
He said: “On 11th August 2014, there was a cash deposit of 10,000 dollars by Aremu at Garki, Area 3 branch; on 29th September 2014, a cash deposit of $10,000 was made by Ibrahim Sanni Magaji at Wapa, Kano branch.
“On 29th October 2014, a cash deposit of $10,000 paid by self was made at Garki, Area 11 branch in the FCT; on 30 October 2014, a cash deposit by self of $10,000 was made at Area 11 Garki branch.
“On 3rd November 2014, a cash deposit of $10000 by self was paid at Area 11, Garki branch; on 17th February 2015 a cash deposit of $20,000 was made by self at Area 11, Garki branch.”
Under cross-examination by a lawyer to Suswam, Chinelo Ogbozor, the witness said he became a Compliance Officer in GTB in September 2020.
Agunbiade said there were substantial steady credit inflows into the dollar account from 14 September 2011 to 16 September 2015,
He said the credit inflows between 2014 and July 2, 2015, were not unusual.
When asked if the two accounts were currently blocked, the witness said: “I do not know the status of the accounts as of today, but I believe they were restricted at some point.
“I do not know the circumstances under which the accounts were restricted. I do not know if there is a court order freezing the accounts.”
Under cross-examination by a lawyer for Oklobia, Paul Erokoro (SAN), Agunbiade said it was the EFCC that wrote his bank to demand information about the accounts.
On whether the transactions in the accounts breached any known regulation, the witness said: “I did not notice any infraction in the transactions in the accounts.”
When asked by the court how she intends to proceed, Ogbozor said she required time to consult with her client on what next step to take.
Erokoro told the court that the client would make a no-case submission, which he said he could file within two weeks.
Justice Ahmed Mohammed adjourned till January 9 next year for the adoption of the second defendant’s written address in respect of his no-case submission and the possible opening of defence by the first defendant.