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Lawan Has ‘Bribery’ Case To Answer, Says Court

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Lawan Has ‘Bribery’ Case To Answer, Says Court

Lawan Has ‘Bribery’ Case To Answer, Says Court
October 18
05:44 2019

The Federal Capital Territory (FCT) High Court, sitting at Apo, Abuja, has ordered a former member of the House of Representatives, Farouk Lawan, to enter his defence.

It dismissed his “no-case” plea on Thursday in his fuel subsidy bribery allegation trial.

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) had filed a suit against Lawan at the court for allegedly demanding $3 million from the Chairman of Zenon Petroleum and Gas Limited in 2012. Lawan was the Chairman of the House of Representatives Ad Hoc Committee on Petroleum Subsidy regime at the time.

He allegedly collected $620,000 out of the amount with a view to removing Otedola’s companies’ names from the list of firms said to have been indicted by the ad hoc committee for allegedly abusing the fuel subsidy regime in 2012.

The ex-lawmaker, who served four terms in the National Assembly, representing Bagwai/Shanono Federal Constituency of Kano State between 1999 and 2015, through his counsel, Dr Mike Ozekhome (SAN), entered a no-case submission in the matter.

He prayed the court to absolve him of the bribery allegation, saying the prosecution had not established a prima facie case against him to warrant that he enter his defence in the case.

Ozekhome said the prosecution failed to solidly establish the defendant’s intent to commit the offence he was charged with, adding that the prosecution witnesses gave conflicting statements about the amount Lawan was alleged to have collected from Otedola.

According to the defence counsel, the video evidence the prosecution presented before the court during trial was blurry and could not prove that the content of the envelope Otedola handed over to Lawan was money.

Ozekhome averred that the failure of the operatives of the Department of State Services (DSS) to arrest the former lawmaker immediately was enough evidence that they had no evidence against him.

But counsel to the prosecution, Adegboyega Awomolo (SAN), urged the court to discard the submission and order the defendant to enter his defence.

The lawyer said the prosecution had established a prima facie case against him.

According to him, the prosecution was able to prove that Lawan took money to perform a public duty that he was supposed to do.

Awomolo added that the defence’s failure to accept the video evidence as being valid did not negate the fact that the evidence existed and was true.

Ruling on the “no-case” submission by the former lawmaker, presiding judge, Justice Angela Otaluka, held that the court was not to take a look at the totality of evidence to know whether it was sufficient to convict the defendant or not.

According to her, in a “no-case” submission, the court would only consider if the prosecution has made a prima facie case against the defendant for the court to call upon such defendant to open their defence.

Justice Otaluka held that in the instant case, a careful perusal of the evidence before the court showed that the prosecution had made a case sufficient enough for the former lawmaker to give some explanation.

The judge overruled the defendant in his “no-case” submission and ordered him to enter his defence.

She adjourned the matter till November 11.

“Therefore, the ‘no-case’ submission by the defendant is hereby overruled,” Justice Otaluka held.

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Opeyemi

Opeyemi

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