A motion of no-case-submission filed by Director-General of the National Broadcasting Commission (NBC), Modibo Kawu, over alleged inordinate disbursement of N2.5bn Federal Government Digital Switch Over project, has been fixed for March 26 for ruling by the Federal High Court, Abuja.
Also, similar motions of the Chairman, Lucky Omoluwa and the Chief Operating Officer, Dipo Onifade of the Pinnacle Communications Ltd, would be decided on the next adjourned date.
The presiding Justice, Folashade Ogunbanjo-Giwa, fixed the date after counsel to all the parties adopted their addresses.
The Independent Corruption Practices and other Related Offences Commission, ICPC, in a 12-count charge, accused them of abuse of office, money laundering and misleading a public officer with the intent to defraud the federal government, in contravention of Section 26 (1) (c) of the Corrupt Practices and Other Related Offences Act, 2000 and punishable under Section 19 of the same law.
Kawu’s lawyer, Abdulhakeem Mustapha, SAN, told the court yesterday that the failure of the prosecution to link his client with any of the ingredients of the alleged offences necessitated the application.
According to him, Kawu as the chief executive of the NBC mandated to handle the country’s digital switch over had not committed any offences for recommending payment of the N2.5 billion seed grant to Pinnacle Communications.
The lawyer lamented the failure of the prosecution to bring the Minister of Information and Culture Alhaji Lai Mohammed to testify in court in a transaction he approved.
The lawyer also pointed out that Mohammed had not issued any queries against the transaction.
The lawyer for first defendant applicant further said that the testimonies of the nine prosecution witnesses were contradictory and could be used as vital evidence by the court.
Mustapha informed the court that the proceeding is a violation of the sections 302 and 303 of the Administration of Criminal Justice Act (ACDJA) and that the prosecution failed to prove beyond a reasonable doubt the allegation of fraud and that conspiracy had occurred.
He said both digital switch over white paper and minutes of meeting leading to the approval and disbursement of the fund exonerate Kawu from any wrongdoing.
“My Lord, we therefore urge the court to discharge and acquit Kawu from further trial. We pray the court to uphold our no-case-submission’’, Mustapha said.
Also, the lawyer for both Omoluwa and Onifade, Dr Alex Izinyo, SAN, said that the prosecution had failed to meet the minimum standard in criminal prosecution, adding that no criminal actions had been linked with his clients.
He urged the court to uphold the no-case-submission in the interest of justice and fair play in the country’s business environment.
Lawyer for the fourth defendant applicant (Pinnacle Communications) A.V. Atuwewu, SAN, adopted the submissions made by the two defendants’ counsel, adding, however, that the charge was “a lie unto itself.’’
The lawyer pointed out that it was clear that nobody had made any complaint on this transaction to the ICPC.
