Alleged N3.1 bn fraud: Court of Appeal stops Justice Abang from trying ex-Benue gov, Suswam

Godwin Tsa, Abuja

The Abuja division of the Court of Appeal has stopped Justice Abang Okon from conducting the trial of a former governor of Benue State, Dr Gabriel Suswam alongside Okolobia Okpanachi, his former Commissioner of Finance, ordering that they should go back to Justice Ahmed Mohammed of the Federal High Court.

In a unanimous judgment on Wednesday, the appellant court ordered that the case be sent back to Justice Ahmed Mohammed of the same court for continuation of trial.

Justice Emmanuel Agim who delivered the judgment, also ordered that Justice Mohammed who had shown unjustified reluctance in entertaining the case should give the trial an accelerated hearing.

The court held that Justice Mohammed was wrong to have rescue himself from conducting the trial on account of fear, when all the parties had expressed confidence in him.

Although the court commended Justice Abang Okon who is currently adjudicating on the matter, for showing diligence in the trial, it said its decision to return the case to Justice Mohammed was to correct the error made by the chief judge of the Federal High Court by re-assigning the case to him.

This, Justice Agim explained, was to strengthen the path of justice and protect the institution of the judiciary as the chief judge misapplied his discretion, when he re-assigned the case  to Justice Abang, rather than directing Justice Muhammed to continue with the trial.

The Economic and Financial Crimes Commission (EFCC) is prosecuting Suswam and Okpanachi on a nine-count charge, bordering on money laundering and diversion of funds to the tune of N3.1 billion.

The EFCC had in November 2015, arraigned the defendants before Justice Ahmed Ramat Mohammed of the Federal High Court in Abuja, and presented four witnesses before the court. The matter was to continue after the vacation, embarked by the judiciary last month in Justice Mohammed’s court. However, the counsels were informed of Justice Mohammed’s withdrawal from the case through hearing notice from Justice Abang’s court.