The Chief Judge of Taraba state and presiding judge of Court No. 1 in Jalingo, Justice Joel Agya, on Friday, discharged and acquitted three former officials of Sardauna local government council over allegations of misappropriation of project funds.
Delivering judgment in Charge No. TRSJ/19C/2020, Agya held that the prosecution failed to prove the allegations of fraud against the defendants beyond reasonable doubts.
The defendants are Dr. Jedua Ahmed Dawud, former Executive Chairman of the council; Oliver Wubon, former Caretaker Chairman; and Joseph Danladi John, former Director of Finance.
It will be recalled that the Economic and Financial Crimes Commission (EFCC), acting on behalf of the Federal Republic of Nigeria, filed a six-count charge against the defendants in June 2020.
The charges included criminal conspiracy, criminal breach of trust by public servants, forgery, and use of false documents.
According to the prosecution, the defendants allegedly conspired in 2012 within Sardauna local government Council to commit criminal breach of trust involving funds meant for capital projects.
The prosecution alleged that Dr. Jedua Ahmed and Danladi dishonestly misappropriated N27 million allocated for capital projects on or about Oct. 4, 2012.
They were also accused of misappropriating another N35 million meant for capital projects on or about June 1, 2012.
In another count, Wubon and Danladi were alleged to have dishonestly diverted N42 million provided for capital projects sometime in 2012.
The EFCC further accused Wubon and Danladi of forging payment voucher No. 3 in the name of Alhaji Saidu Mohammed on or about Feb. 8, 2012, with intent to commit fraud.
They were also charged with knowingly using the alleged forged payment voucher as genuine.
During proceedings, defence counsel argued that the prosecution failed to establish a prima facie case against the defendants.
The defence also challenged the EFCCās investigative report, contending that it relied heavily on statements obtained from prosecution witnesses.
Justice Agya, in his judgment, said the prosecution failed to substantiate the allegations of criminal conspiracy and fraud against the defendants.
He held that the conspiracy charge was not sustainable because the alleged offences were said to have been committed separately by the defendants.
The judge first discharged and acquitted the second and third defendants on counts five and six bordering on forgery and use of false documents.
He subsequently discharged and acquitted all three defendants on counts one to four.
Counsel to the defendants, Dr. Ibrahim Effiong, commended the court for what he described as a landmark judgment.
Counsel to the EFCC, Mr. Stephen Okemini, said he had learnt a lot from the judgment and would study it before deciding on further action.
Speaking after the judgment, Wubon expressed happiness over the courtās decision, saying it has āloosened the rope on their neck.ā
Court acquits two former Taraba council chairmen, finance director of fraud charges
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