N2.9bn fraud: I’ve no case to answer, Amadi tells court

By Lukman Olabiyi

A defendant, Mr Kenneth Ndubisi Amadi, standing trial over N2.9 billion fraud allegation against him by the Attorney General of the Federation (AGF), has urged Justice Ambrose Lewis Allagoa of the Federal High Court, Lagos, to uphold his ‘no case submission’.

He further maintained that the prosecution, through the evidence before the court, has not established any prima facie case against him.

Defence counsel, O.J. Akinwale, moved the application dated and filed April 7, 2022, and a reply on point of law dated May 23, 2022. Also attached to the application were an affidavit in support of the motion, and a written address with list of authorities in support, to uphold the no case submission of the defendant.

Adumbrating on the application, the defence counsel submitted that there was no essential element of the offence charged.

The defendant’s counsel, in the application, stated that in the evidence of the prosecution, their witnesses testified that the N2.9 billion was not stolen, that there was no money with the defendant.

On the allegation of fraud, defence counsel submitted that there was no element of fraud, adding that there was no document tendered by the prosecution to establish their claim.

He added that on allegation of cybercrime, the prosecution did not tender any document before the court, stressing that the document tendered by the bank did not showed any element of forgery by the defendant. He said the documents were adequately verified and confirmed by the bank.

He, therefore, prayed the court to uphold the no case application of the defendant as no prima facie case was established by the prosecution.

In her submission, the prosecution, led by Aderonke Imana, filed a counter motion objecting the no case submission of the defendant.

She urged the court to discountenance the defendant’s application and ask him to open his defence, adding that a prima facie had been established against him.

After hearing submissions of counsel, Justice Allagoa, therefore, fixed July 11 for ruling.