Justice Peter Lifu of the Federal High Court in Maitama, Abuja, on Friday, July 11, 2025, adjourned proceedings in the ongoing trial of former Benue State governor, Gabriel Suswam, and his former Commissioner for Finance, Omodachi Okolobia, until July 23, 2025. The adjournment is to allow the court deliver its ruling on a no case submission filed by the defence team in the alleged ₦3.1 billion fraud case.
Suswam and Okolobia are standing trial on an 11-count amended charge brought against them by the Economic and Financial Crimes Commission (EFCC) for allegedly diverting billions of naira said to be part of the proceeds from the sale of Benue State government shares held in trust by the Benue Investment and Property Company Limited. The shares were allegedly sold through Elixir Securities Limited and Elixir Investment Partners Limited.
During Friday’s court proceedings, defence counsels Chenelu Ogbozor and Paul Erokoro, SAN, representing Suswam and Okolobia respectively, informed the court that they had filed a no case submission under Sections 302 and 303 of the Administration of Criminal Justice Act (ACJA), 2015.
Ogbozor noted that the application was filed on May 28, 2025, while the written address supporting the application was filed and served on July 10, 2025. The defence team urged the court to adopt their submissions and issue a ruling discharging and acquitting both defendants on the grounds that the prosecution had failed to establish a prima facie case warranting them to enter a defence.
“We respectfully urge this Honourable Court to find that the prosecution has not made out any case against the defendants, and to accordingly discharge and acquit them,” Erokoro submitted.
Responding on behalf of the EFCC, prosecuting counsel Rotimi Jacobs, SAN, disagreed with the defence’s position. He informed the court that the prosecution had filed its response to the no case submission in July 2025, along with a written address opposing the motion.
Jacobs argued that the evidence presented during the trial had established a prima facie case against the defendants, insisting that the court should dismiss the application and compel the accused persons to open their defence.
“The application filed by the defence has no merit. The prosecution has presented sufficient evidence linking the defendants to the alleged diversion of public funds,” Jacobs maintained, urging the court to dismiss the no case submission and allow the trial to proceed.
After listening to both parties, Justice Peter Lifu adjourned the matter until July 23, 2025, for ruling on whether or not the court will uphold the no case submission.
The outcome of the ruling will determine the next direction of the high-profile trial. If the court finds merit in the submission, Suswam and Okolobia will be discharged of all charges. However, if the court rules in favour of the prosecution, the defendants will be required to open their defence in the long-running case.
The case against Gabriel Suswam, who served as Governor of Benue State from 2007 to 2015, and his finance commissioner stems from allegations that the two officials misappropriated ₦3.1 billion realized from the sale of state assets. The funds, according to the EFCC, were diverted for personal and unauthorised uses.
The charges were originally filed several years ago, but the case has witnessed multiple adjournments and delays. In 2023, the prosecution amended the charges, which were subsequently re-read to the defendants, who pleaded not guilty.
Despite denying the allegations, Suswam has remained a subject of public interest, with many viewing the case as a test of Nigeria’s ability to hold former high-ranking officials accountable for alleged financial crimes.
The upcoming ruling on July 23 will be pivotal. A no case submission is typically granted when the court finds that the evidence led by the prosecution is so weak or disjointed that no reasonable tribunal would convict on it.
However, if Justice Lifu determines that the evidence presented so far does raise significant questions regarding the defendants’ conduct, then the trial will move into its next phase—where the accused persons will take the stand to defend themselves.
The case remains one of the most prominent among several corruption-related trials involving former governors, as Nigeria’s anti-graft agencies continue efforts to recover looted public funds.
Stay with Hobnob News Nigeriafor the July 23 court ruling and further updates on the Suswam trial and other high-profile corruption cases
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