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After about seven years on trial over alleged complicity in a N2.5billion fraud, the Federal High Court sitting in Abuja, Thursday, discharged and acquitted the former Director-General of the National Broadcasting Commission, (NBC), Ishaq Modibbo Kawu, alongside others of all charges preferred against them by the prosecution.
Kawu was arraigned in 2019, alongside Chairman of Pinnacle Communications Limited, late Lucky Omoluwa and Dipo Onifade, the Chief Operating Officer over their alleged complicity in the mismanagement of the N2.5 billion seed grant.
The offence according to the anti graft agency is contrary to Section 26(1) (c) and punishable under Section 19 of the Corrupt Practices and Other Related Offences Act, 2000″
The anti-corruption commission earlier filed a 12-count charge against the defendants, before it was amended to five counts.
In an amended five count charge, the ICPC had alleged that the defendants were involved in irregularities that trailed the award of a N2.5billion Digital Switch Over (DSO) contract system introduced by the Federal Government.
But in her judgment, the presiding judge, Justice Folashade Ogunbanjo-Giwa, held that the Independent Corrupt Practices and other related offences Commission, (ICPC), failed to establish the allegation and could not prove its case beyond reasonable doubts.
The court held further that aside from conflicting evidence from witnesses that testified in the matter, the ICPC, she said, was unable to link the defendant to any crime or prove the allegations preferred against Kawu and co-defendants beyond any reasonable doubts.
She further held that some of the witnesses contradicted themselves, and none of their statements was able to link the defendants to the charge.
According to the judge, while some of the witnesses in their oral evidence said the former Minister of Information, Lai Mohammed, was misled in approving the payment of ₦2.5 billion to Pinnacle Communications Ltd, they failed to render any documentary evidence.
Consequently, he was discharged on the five-count amended charge the anti-corruption agency preferred against him, Mr. Dipo Onifade and Pinnacle Communications Ltd.
His journey to freedom
While delivering her judgment, Justice Ogunbanjo-Giwa held that the prosecution failed to prove its case beyond reasonable doubt, saying, “The witnesses’ statements did not directly link the defendants to the alleged fraud”.
She also said ICPC did not tender any documentary evidence to corroborate its claims.
She held further that the former Minister of Information and Culture, Lai Mohammed, who allegedly approved the payment under questionable circumstances, was not called to testify.
The judge also pointed out that some witnesses admitted in court that the minister may have been misled into approving the payment.
Justice Ogunbanjo-Giwa concluded that the prosecution failed to establish the charges against the defendants and proceeded to dismiss the case, declaring the defendants “discharged and acquitted.”
The Judge held further: ‘’I must mention at this point that the testimony of pw8 does not add any evidential value on prosecution evidence before this court.
‘’The onus and burden of proof is on the prosecution. Therefore, evidence adduced by prosecution to secure the conviction of the defendants is not …
‘’In the light of the facts and evidence before this court, it cannot be said that the defendants are guilty of the crime.
‘’I found the defendants not guilty of the charges leveled against them.
‘’Pinnacle Communications, Dipo Onifade and Modibo Kawu are hereby discharged and acquitted on all five count charges preferred against them,’’
Kawu, Counsel speak
While speaking with newsmen after securing victory, the very elated Kawu said: ‘’ I thanked the almighty God that this case which started seven years ago ended successfully. All through I was literally in limbo, suspended as a DG in 2020 and today, five years later I have gotten judgment from the court. I thank the almighty God.’’
On the next thing, he said: ‘’Well, I have to redeem my life. My passport was seized; I could not travel and could not work, I am a Journalist like you who wants to go back to do what I like to do. My letter said you are suspended pending the determination of the case before you. Let’s see how it goes.
Although Kawu’s counsel, Abdulhakeem Mustapha, was in court, he commissioned a lawyer Abdullahi Ibrahim Tahir to speak with us.
He said: ‘’It was a very strong judgment. Each step all the way, my lord was very, very clear on the ingredients of the offence and the fact that the defendants were not found guilty for any of the offences charged would give us faith in the judiciary that no one can be pushed beyond their rights and that judiciary is for everybody.”
English (US) ·