Malik Yahya/
A Federal High Court in Abuja has discharged and acquitted a former Group Managing Director (GMD), Nigeria National Petroleum Corporation (NNPC), Andrew Yakubu from the $9.8 million corruption charges brought against him by the Federal Government.
Justice Ahmed Ramat Mohammed in a judgment, today, ordered the money seized from Yakubu in 2017 and kept at the Central Bank of Nigeria (CBN) be refunded to him forthwith.
The Judge held that the Economic and Financial Crimes Commission (EFCC), which put Yakubu on trial, failed woefully to establish that he held the money over and above the threshold allowed by law.
Justice Mohammed further said that the evidence of the witnesses of the anti-graft agency created a gap of doubts which must be resolved in favor of the defendant.
The EFCC has, however, vowed to appeal the ruling.
Yakubu was arraigned by the Commission in March 2017 following the discovery of $9.8million stashed in his property located in the Sabon Tasha Suburb of Kaduna. He had pleaded not guilty upon arraignment. In the course of trial, the Commission called witnesses and tendered documents in evidence, but the defendant filed a no case submission.
Based on the submission, the court struck out two of the six counts. Two further counts were chalked off upon appeal by the defendant while the appellate court ordered his continued trial on the remaining two counts.
Justice Mohammed also held that the prosecution failed to prove the ingredient of the offence beyond reasonable doubt. He held that the Commission ought to have investigated the defendant’s claims that the monetary gifts he claimed to have received came from his friends, and tender the recovered cash before the court.
Consequently, he discharged and acquitted the defendant,
EFCC argues that the trial judge erred in dismissing the charge and has resolved to test the ruling at the appellate court.
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