The Economic and Financial Crimes Commission, EFCC, has indicated plans to appeal the ruling of Justice Charles Agbaza of the Federal Capital Territory High Court Abuja.
Its indication followed the dismissal of a ten-count charge of corruption brought against a former Secretary to the Government of the Federation, Babachir Lawal.
Lawal and five others, were discharged and acquitted from the N544 million Contract Fraud offence brought against them by the EFCC as the court held that the anti-graft agency failed to establish a case against the former SGF and the co-defendants.
But dissatisfied with the ruling, the EFCC has given indication that it will obtain a copy of the judgment for urgent review and challenge its validity at the appellate court.
This is according to EFCC’s Head, Media and Publicity, Wilson Uwujaren.
Ruling on the no case submission made by the defendants, Justice Agbaza held that the Commission which presented 11 witnesses in the course of the trial, failed to establish the ingredients of the alleged offence.
The court held that the commission did not establish that Babachir Lawal was either a member of the Presidential Initiative for North East PINE that awarded the contract or a member of the Ministerial Tenders Board that vetted and gave approval to the disputed contract.
Lawal; his younger brother, Hamidu David Lawal; Suleiman Abubakar; and Apeh John Monday were being prosecuted alongside two companies, Rholavision Engineering and Josmon Technologies on an amended 10-count charge, bordering on fraud, diversion of funds and criminal conspiracy to the tune of over N544million.
The EFCC had on Monday, November 30, 2020 re-arraigned the former Secretary to the Government of the Federation, Babachir Lawal before Justice Agbaza.
A Federal Capital Territory High Court has discharged and acquitted a former Secretary to the Government of the Federation, Mr Babachir Lawal and five others from the N544M Contract Fraud offence brought against them by the Economic and Financial Crimes Commission (EFCC).
The Court held that the anti-graft agency failed to establish a case against the Ex-SGF and the co-defendants.
Ruling on a no-case submission made by Babachir Lawal, Justice Charles Agbaza held that the EFCC said that no ingredients of any offence was made out by the 11 witnesses that testified for the EFCC.
The judge held that EFCC did not establish that Babachir Lawal was either a member of the Presidential Initiative for North East that awarded the contract, or a member of the Ministerial Tenders Board that vetted and gave approval to the disputed contract.
Besides, Justice Agbaza held that EFCC also failed to link Babachir Lawal with the Bureau of Public Procurement BPP that issued a certificate of no objection to the contract before it was awarded.
The judge discharged and acquitted all the defendants in the 10-count criminal charges against them for want of evidence to link them with the purported offences.
Babachir Lawal alongside his younger brother, Hamidu Lawal; Suleiman Abubakar; Apeh Monday and two companies, were prosecuted by the EFCC before Justice Charles Agbaza.
They faced a 10-count charge bordering on fraud relating to the removal of evasive plant species to the tune of N544 million for which they pleaded not guilty.
The EFCC had on Monday, November 30, 2020 re-arraigned the former Secretary to the Government of the Federation, Babachir Lawal before Justice Agbaza.