The Supreme Court on Friday ordered the continued trial of a former local government chairman in Ondo State, Dele Fagoriola for alleged abuse of office.
Justice Muhammed Muntaka-Coomassie gave the order while dismissing the appeal brought before the court for lacking in merit.
Muntaka-Coomasie further remitted the case to the High Court, Akure, for continuation of trial.
Fagoriola was the Chairman of Akure North Local Government.
He was accused of corrupt enrichment and abuse of office by allegedly allocating funds to himself and his wife (who was not a staff of the local government) on spurious grounds.
Fagoriola was alleged to have, on various occasions, allocated money to himself and his wife for foreign conferences and workshops, which they did not attend.
The prosecution alleged that in some instances, some of the seminars never existed.
The Independent Corrupt Practices and Other Related Offences Commission (ICPC) arraigned him before the High Court in Akure in 2006.
Fagoriola filed a no-case submission against his defence at the completion of the prosecution’s case.
In dismissing the appellant’s no-case submission, the judge insisted that the suit has life and must be concluded.
Rather than open his defence as ordered by the trial court, Fagoriola appealed to the Court of Appeal, Benin.
The Court of Appeal upheld the decision of the lower court and dismissed the appeal.
Muntaka-Coomasie held that “the lower court (Court of Appeal) was right in upholding the decision of the trial court.
“In the final analysis, this appeal lacks merit and it is hereby dismissed,’’ the justice held.
“The case, which started in 2006, has been so delayed for about eight years, a period sufficient for it to be concluded on merit.
“I hereby ordered that the case be returned to the trial court, where Fagoriola should be made to enter defence”.
