SAN FRANCISCO, July 08, (THEWILL) – Justice Evoh Chukwu of the Federal High Court Abuja has set October 8, 2014 for ruling on the no-case submission suit filed by Mr. Thomas Iseghohi, an ex-Group Managing Director of Transnational Corporation (TRANSCORP) Plc, the company’s ex-Secretary, Muhammed Buba, and ex-Deputy General Manager, Mike Okoli, seeking to quash charges of fraud and money laundering leveled against them by the Economic and Financial Crimes Commission (EFCC).
The former officials of the firm through their lawyers filed a no case submission suit against the EFCC and had pressed the court to dismiss the charges saying the prosecution failed to prove its case of fraud against them.
The EFCC had on May 27, 2009 arraigned them on a 32-count charge bordering on criminal conspiracy, criminal breach of trust, money laundering and misappropriation of public funds estimated at about N15 billion.
While adopting their respective written submissions in support of their no case submission their lawyers argued that the prosecution had not established a prima facie case against the accused persons.
The accused persons had all made the no-case submission claim upon the closing of the prosecution’s case.
Lawyer to Iseghohi, A Ozioko argued that the prosecution had failed to make out a prima facie case against his client to warrant his being called to enter his defence. He therefore urged the court to dismiss the charges and acquit the accused person.
John Egwuonwu, who represented the second accused person also argued along the same path. He added that the prosecution failed to prove the words used in all the counts of the charge.
“When particular words are used in a charge, those words form part of the ingredients or elements which the prosecution must prove to secure conviction. Failure to prove such ingredients is fatal to the case of the prosecution.
“The same words were used in all the 32 counts. Such words were not proved in the trial. The same evidence was led by the prosecution in relation to all the 32 counts, meaning that the failure of one will affect the others,” Egwuonwu said.
Lawyer to the third accused person, Sunny Tadi also urged the court to dismiss the case against his client and discharge him.
Responding, prosecution lawyer, Sylvester Ogbedu urged the court to ignore the defence’s arguments and hold that the prosecution has sufficiently proved its case against the accused persons.
After listening to their arguments, Justice Chukwu set October 08, 2014, for ruling.
