The Federal High Court in Abuja has ruled that former Benue State Governor Gabriel Suswam and his former Finance Commissioner, Omadachi Oklobia, must open their defence in the ₦3.1 billion fraud case filed against them by the Economic and Financial Crimes Commission, EFCC.
In a ruling delivered on Wednesday, July 23, 2025, Justice Peter Lifu dismissed a no-case submission filed by the two defendants, stating that the prosecution had established a prima facie case that required their response.
Justice Lifu said the defence had sought the court’s indulgence under Sections 302 and 303 of the Administration of Criminal Justice Act, 2015, to dismiss the charges for lack of evidence.
However, the judge held that the evidence presented by the EFCC was substantial enough to warrant further explanation from the defendants.
“The court is convinced that the prosecution has presented legally admissible evidence that links both defendants to the allegations,” Justice Lifu said. “They must offer some explanation in the interest of fair hearing.”
The judge ruled that the defendants must open their defence and scheduled the continuation of the trial for September 22 and 26.
Suswam and Oklobia face an 11-count amended charge involving conspiracy, money laundering, and criminal breach of trust, amounting to ₦3.1 billion.
The EFCC alleged that the funds in question were proceeds from the sale of Benue State government shares, handled by the Benue Investment and Property Company Limited. The shares were sold through Elixir Securities Limited and Elixir Investment Partners Limited.
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During the last court session, defence counsels Chinedu Ogbozor (representing Suswam) and Paul Erokoro, SAN (for Oklobia), argued that the prosecution failed to establish a prima facie case and urged the court to discharge and acquit their clients.
Their submission was countered by the EFCC’s lead counsel, Rotimi Jacobs, SAN, who insisted that the evidence on record sufficiently linked the accused to the offences.
The case, which began in 2015, has seen several delays and judicial transfers. Initially presided over by Justice Ahmed Mohammed, the case was reassigned after the judge recused himself, citing a Sahara Reporters publication alleging he had been compromised.
The case was then transferred to Justice Okon Abang, whose jurisdiction Suswam contested. The Court of Appeal later ruled in 2020 that the case be returned to Justice Mohammed. Proceedings resumed until 2023, when Mohammed was elevated to the Court of Appeal.
The case was subsequently reassigned to Justice Peter Lifu, who directed that the defendants take a fresh plea.
Suswam and Oklobia pleaded not guilty before Justice Lifu and were allowed to retain their previous bail conditions.
The judge warned both parties not to contribute to further delays in a case he said already had “a chequered history.”
The case is scheduled to continue in September.
NAN
