A Federal High Court, Abuja, on Monday, discharged and acquitted former Minister of Special Duties and Inter-Governmental Affairs, Kabiru Turaki, of money laundering charge.
Justice Inyang Ekwo, in a ruling on the no-case submission filed by the defence, said the the Economic and Financial Crimes Commission (EFCC) had failed to link Turaki and his co-defendants with the offences contained in the 16-count charge.
He said that the prosecution could not establish a prima facie case against them.
Justice Ekwo said that the defendants dislodged all the evidence of the prosecution witnesses called in the matter during cross examination, describing the 12 witnesses relied on by EFCC as “tainted witnesses.”
“On the whole, I find that there is no strength in the case of the prosecution being that the PW1, PW5, PW6 and PW7 who can be considered as critical witnesses to this case are persons who ought to be on trial for corruption but they became prosecution witnesses by virtue of illegal and unconstitutional clemency.
“In my opinion, these are compromised witnesses who are in a position to say anything to secure conviction of the defendants in this case for the absolute pleasure of the prosecution.
“The law is that evidence of a tainted witness must be treated with caution.
“Apart from the fact that the evidence of the PW1, PW5, PW6 and PW7 are tainted, none of them indicted the 1st, 2nd, 3rd and 4th defendants.
“The allegations in these counts are not such to be proved by presumption,” he said.
According to the judge, the onus of the prosecution is laden with numerous requirements at each crucial points in criminal proceedings.
Although the prosecution has discretion on the evidence especially whether or not to call a witness or a number of witnesses, it is the duty of the prosecution to ensure that the type or number of the witnesses called will be sufficient to establish its case at the point the prosecution closes it case.
“I find that there is no evidence to prove the essential elements of the alleged offence in counts 1, 2, 3, 4, 5, 6, 7, 8, 9, 13 14, 15 and 16 against the 1st, 2nd, 3rd and 4th defendants and I so hold,” he said.
The judge said that it was established during cross examination that Turaki was not a signatory to the account of the ministry and did not authorise any payment or make any transfer of funds.
He aligned with the argument that held the former minister was not a member of the Ministerial Tender Board and that there was no inflow of funds from the account of the ministry to Turaki’s company.
Ekwo held that besides, the Attorney-General of the Federation (AGF) had, once, called for the case file for a review but the prosecution refused to comply.
“It is obvious from the testimony of PW12 that the directive of the HAGF (Honourable AGF) concerning the prosecution of this case was ignored.
“No law enforcement agency is statutorily empowered to proceed with any criminal trial where the HAGF acting pursuant to the provision of Section105(1) of ACJA (Administration of Criminal Justice Act) 2015 has requested for the case file or given directive concerning the case.
“Therefore, any law enforcement agency that fails to comply with the directive of HAGF does so at its peril as such failure renders the entire proceedings conducted null and void,” he said.
Justice Ekwo, thereafter, dismissed the suit.
Turaki had, on November 3, 2021, indicated his interest to file a no-case submission after the EFCC closed its case.
Turaki, alongside three others, was arraigned on a 16-count charge bordering on unlawful and criminal misappropriation of funds to the tune of N715 million.
Other defendants are Sampson Okpetu, who served as his special assistant; Samtee Essentials Limited and Pasco Investment Limited — companies linked to Okpetu.
The anti-corruption agency had called 12 witnesses in the course of the trial.
