Court Strikes Out N5.3B Fraud Charge Against former Gov Nnamani

Ladipo Sanusi/

A Federal High Court in Lagos today struck out a N5.3 billion corruption charge against a former governor of Enugu State, Dr. Chimaroke Nnamani

Justice (Professor) Chuka Obiozor struck out the proceedings at the instance of the prosecutor, Mr. Kelvin Uzozie, when trial resumed in the matter.

Uzozie told the court that his client, the Economic and Financial Crimes Commission (EFCC) planned to file a fresh charge with a new number against Nnamani and his former aide, Sunday Onyekazor Anyaogu.

Nnamani and Anyaogu are being jointly tried for the alleged fraud.

Uzozie said the decision to file new a charge against the two accused persons was based on the judgment of Justice Mohammed Yunusa, which was delivered of July 7, 2017, in the charge number FHC/L/09C/07,

According to the prosecutor, the implication of Justice Yunusa’s judgment was that there are currently no pending charge against the accused persons.

Uzozie consequently urged the court to strike out the entire proceedings before it.

Counsels to Nnamani and Anyaogu, Mr. Rickey Tafa and Mr. Victor Obaro respectively, did not oppose the application.

Nnamani’s lawyer explained that the defence had filed an affidavit for the termination of charge of FHC/L/09c/07 at the last hearing in the matter.

Tafa further stated: “In fairness to the prosecution, as at the time the matter was reassigned, there was no case to be reassigned and it is therefore not on any condition that the matter should be struck out.

But the prosecutor clarified that his request was that the entire proceedings before the court be set aside, while preserving the liberty of the prosecution to file a new charge.

In his ruling, Justice Obiozor stated: “As the learned prosecutor has said, in effect, proceeding with this case will be an exercise in futility. I shall expunge the entire proceedings before this court as there was never a charge before this court. All proceedings before the court are hereby expunged and struck out.”

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