May 05, (THEWILL) — The Federal High Court in Abuja on Tuesday discharged and acquitted former Head of the Civil Service of the Federation, Mrs. Winifred Oyo-Ita, and eight other co-defendants in the N570 million money laundering trial instituted by the Economic and Financial Crimes Commission (EFCC), bringing an end to a six-year legal battle.
Oyo-Ita, who served as Head of the Civil Service of the Federation, was removed from office in September 2019 during the administration of the late President Muhammadu Buhari amid corruption allegations that later culminated in the trial.
The EFCC had arraigned Oyo-Ita and others in March 2020 on allegations bordering on fraud involving duty tour allowances, estacodes, and alleged contract kickbacks estimated at about N570 million.
Delivering judgment, Justice James Omotosho upheld the no-case submissions filed by all the defendants, ruling that the prosecution failed to establish a prima facie case to warrant them being called upon to enter a defence.
The court held that the evidence presented by the EFCC was largely speculative and insufficient to sustain criminal liability, describing the case as being built on “the quicksand of suspicion, speculation, and shoddy investigation.”
Justice Omotosho stated that the materials before the court showed that the contracts referenced in the allegations were duly approved and executed in line with official procedures, thereby weakening the foundation of the charges.
The judge further held that estacodes, duty tour allowances, and air tickets allegedly received by Oyo-Ita were properly authorised and approved within the ambit of official regulations.
According to him, the prosecution failed to tender critical documentary evidence such as travel approvals, official memos, audit queries, or other supporting records that would have substantiated the allegations of fraud.
“The prosecution, in effect, invited the court to engage in speculation,” the judge stated, reiterating that criminal justice cannot be sustained on conjecture or assumptions.
Justice Omotosho also found that Oyo-Ita was neither a director nor a shareholder in any of the companies linked to the alleged transactions, further weakening the EFCC’s case.
Consequently, the court upheld the no-case submissions and discharged and acquitted all defendants on the 18-count charge filed by the anti-graft agency.
In a significant aspect of the ruling, the court rejected confessional statements relied upon by the prosecution, holding that they were not obtained in compliance with the provisions of the Administration of Criminal Justice Act (ACJA).
The judge noted that the EFCC failed to provide video recordings of the statement-taking process as required by law, and subsequently expunged the statements from the record.
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