An Abuja High Court on Tuesday dismissed the criminal charges filed against two former staff of the Federal Capital Development Authority (FCDA) over alleged fraud.
The EFCC had on Dec. 31, 2004 arraigned Sani Shaidu, Salihu Usman and Hamza Nasir over allegations of conspiracy and theft of First Bank drafts valued at N7.5 million on Feb. 13, 2003.
They were also alleged to have fraudulently used as genuine a forged FCDA Revenue Collector’s Receipt No: 636498 and Aso Savings and Loans Limited teller.
In his ruling on a “no case submission'' filed by the three accused, Justice Abubakar Umar, held that the EFCC did not present sufficient evidence to prove the charges against Shaidu (first) and Usman (second) accused.
Umar further held that the EFCC had not presented to the court sufficient and necessary proof to establish a prima facie case against the two accused.
“The totality of the prosecution’s case against two of the accused persons did not disclose a prima facie case against them.
“None of the evidence led by the prosecution's four witnesses linked the two accused persons to the crime.
“The prosecution's investigations were done halfway and hasty, at the end, there is no evidence linking the two accused persons.
“The court has subsequently discharged the first and second accused persons.
“The principle of law is that suspicion no matter how strong it is remains nothing but suspicion and speculation no matter how strong,’’ Umar said.
?He, therefore, upheld the no-case submission filed by the accused and released them.
On the other hand, Umar ordered that the third accused, Nasir should stand trial for forgery.
The Judge, who maintained that the EFCC had established a prima facie case against him, ordered that Nasir must face trial to defend the charges against him.
According to him, Nasir has some explanations to make in the course of trial going by the proof of evidence before the court.
He adjourned the case to Thursday for the accused to open his defence. (NAN)