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From Noah Ebije, Kaduna
The Kaduna State High Court, has discharged a businessman, Nur’deen Olaitan Amodu-Ode, and terminated the criminal breach of trust case brought against him by the Economic and Financial Crimes Commission (EFCC) over an alleged diversion of a ₦7 million credit facility obtained from First City Monument Bank (FCMB).
The case, marked KDH/KAD/EFCC/46/2023, came up for hearing on Friday, before Justice Darius Khobo of the Kaduna State High Court, sitting at NDA Junction, Kaduna.
At the hearing, EFCC counsel, who did not produce any witness, informed the court that FCMB, the nominal complainant in the case, had written two letters indicating that it was no longer interested in pursuing the matter. However, he told the court that he had no authority or instructions to discontinue the prosecution.
Counsel to the defendants, Dr. Ahmed D. Ahmed, Esq, urged the court to discharge his clients and terminate the charge, drawing attention to the two letters dated March 22 and 23, 2023.
He argued that the letters, which communicated the bank’s lack of interest in the case, predated the arraignment of the defendants on May 9, 2023.
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In his ruling, Justice Khobo agreed with the defence counsel, holding that the court, being a court of justice and equity, could not continue to keep the charge against the defendants when the nominal complainant had indicated that it was no longer interested in the case.
Consequently, the judge discharged the defendants and terminated the charge against them.
The EFCC had accused Amodu-Ode and Grand Lynx Autoxpert Company Limited of diverting a ₦7 million credit facility granted by FCMB in August 2021 for the purchase of stocks for resale.
The facility was allegedly converted to personal use in violation of the agreement, contrary to Sections 296 and 297 of the Kaduna State Penal Code Law, 2017.
Amodu-Ode had pleaded not guilty to the charge when he was arraigned, and the court granted him bail in the sum of ₦5 million, with one surety in like sum on the 9th of May 2023, and case was on going until it was terminated on Friday.
