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Home HEADLINES N5.3b fraud: Court strikes out criminal charges against ex-governor, Nnamani, others

N5.3b fraud: Court strikes out criminal charges against ex-governor, Nnamani, others

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By Onyewuchi Ojinnaka

Senior Correspondent

A Federal High Court Lagos, presided over by Justice (Professor) Chuka Obiozor on Tuesday February 20 struck out all  proceedings in relation to the trial of Enugu State former  governor, Dr. Chimaroke Nnamani, over alleged N5.3 billion fraud.

Justice Obiozor, struck out the proceedings at the instance of the prosecutor, Mr. Kelvin Uzozie, who had earlier told the court of the intention of the prosecuting agency, the Economic and Financial Crimes Commission (EFCC), to file a new charge with new suit number against Nnamani, and his former aide, Sunday Onyekazor Anyaogu.

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Both Nnamani and Anyaogu, are being tried before the court by the EFCC on charges bordering on N5.3 billion fraud.

At the resumed hearing of the matter on Tuesday, Uzozie told the court that having looked at the fact of the case, the position of the EFCC is to file a fresh charge with new charge number against the two accused persons.

He submitted that the decision to file fresh charge with new charge number against the two accused persons was based on the judgment of Justice Mohammed Yunusa which was delivered on July 7, 2017, on charge number FHC/L/09C/07,

The prosecutor further submitted that going by the said judgement there is no current or pending charge against Nnamani and his aide before the court.  Consequently, Uzozie urged the court to strike out the entire proceedings before the court.

Nnamani’s counsel, Mr. Rickey Tarfa, and lawyer to the second accused, Mr. Victor Obaro, did not however opposed the prosecution’s application.

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But Tarfa  had told the court that when the matter came up at the last hearing, they had filed an affidavit to the termination of the charge of FHC/L/09c/07, which he said had been conceded to by the prosecution.

Tarfa also stated that in fairness to the prosecution, as at the time the matter was re-assigned, “there was no case to be reassigned”, and that it is not on any condition that the court should strike out the cases.

But the prosecutor, Uzozie, said that his submission before the court was that the entire proceedings before the court be set aside, with the liberty to the prosecution to file a new charge.

Ruling on the submissions of the parties, Justice Obiozor held that: “As the learned prosecutor has said, in effect, proceedings with this case will be exercise in futility, I shall order under the Act of this court, I shall expunge the entire proceedings before this court, as there was never a charge before this court. All proceedings before the court is hereby expunged and strike out”.

With the court order, it means that the bench warrant earlier issued by the court against the former Governor, Nnamani, has been vacated, and becomes null and void.

Nnamani, Anyaogu and six companies were first arraigned in 2007 for allegedly conspiring to divert about N5.3billion from the coffers of Enugu State.

The case, which had been handled by no fewer than three judges, was last year December transferred to Justice Obiozor.

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