High profile corruption trial: How ex-Gov Suswam diverted N9.79b Benue funds ~ Report

Senator Gabriel Suswam is a former Benue State governor who was initially charged in the 32-count charge alongside Omadachi Oklobia, his former Commissioner for Finance, and Janet Aluga, former Accountant, Benue State Government House over diversion of N9.79 billion.

Part of the diverted funds was said to be for police reform and Subsidy Reinvestment and Empowerment Programme.

In the charge, the trio allegedly cornered the said funds between 2012 and 2015 while Mr. Suswam was governor of the state.

They are also accused of conspiracy, conversion of property derived directly from corruption; collaboration to conceal property derived from corruption; obtaining by false pretense and accepting cash payments exceeding the amount authorised by law.

Suswam, who is now the Senator representing Benue North East, is standing trial in three cases pending before the Federal High Court in Abuja.

The case is a three count charge of money laundering and illegal possession of firearms on which he was arraigned on July 6, 2018, before Justice Babatunde Quadri.

Suswam is accused of illegally concealing weapons in his Mercedes Benz 550 4Matic car with Registration No: BWR 135 AH parked at Dunes Investment and Properties Limited, 44 Aguiyi lronsi Way, Maitama, Abuja.

In the first of the other two cases, Suswam is being tried with a former Commissioner of Finance in Benue State, Omadachi Oklobia.

They were accused of diverting proceeds of the sale of Benue State’s investments in some companies. The case is pending before Justice Ahmed Mohammed.

Suswam, Okolobia and Mrs. Janet Anuga, in the second charge, marked, FHC/ABJ/CR/48/2017, were accused of diverting funds meant for SURE-P projects in the State.

The case was pending before Justice Gabriel Kolawole before the judge’s elevation to the Court of Appeal.

He was re-arraigned on Monday September 30, 2019 by the EFCC alongside the then Commissioner for Finance in his administration, Omadachi Oklobi, on N3.1 billion money laundering charges.

Suswam and his co-defendant pleaded not guilty to the nine counts read to them again before Justice Okon Abang of the Federal High Court in Abuja. Justice Mohammed had withdrawn from the case in July 2019 following a media report accusing him of unethical practices in respect of the case.

The case was subsequently reassigned to Justice Abang.

Suswam, through his counsel, Chinelo Ogbozor, had urged the judge to return the case file to Justice Mohammed. Ruling, Justice Abang sustained the arguments put forward by the prosecuting counsel lawyer, Leke Atolagbe, who urged the judge to assume jurisdiction and order the defendants to be arraigned.

The judge said Justice Mohammed had in a letter of July 5, 2019, detailed the reasons he withdrew from the case, adding that he could not reverse the administrative decision of the Chief Judge, who re-assigned the case to him.

The prosecution had called four witnesses before the recent withdrawal of the judge from the case. Justice Abang, on Monday, adjourned till October 29, 2019, for the commencement of trial.

Justice Abang on October 30, 2019, when the matter came up admitted more documents, presented by the prosecution against Suswam and refused to honour his request to adjourn proceedings sine die pending the determination of his appeal challenging the jurisdiction of the court at the Court of Appeal.

What Suswam’s request means is that the case brought against him by the EFCC would be adjourned for an indefinite time.

The case was adjourned till November 4, 5, 6 and 7, 2019 for continuation of trial.

However, Justice Okon Abang of Federal High Court, Abuja, on Tuesday, November 5, 2019, adjourned the trial of former governor of Benue State, Gabriel Suswam till November 6, 2019 to enable him attend to legislative functions in the National Assembly.

Counsel to Suswam, Chinelo Ogbozor, had asked for an adjournment to enable her client, who is a senator and first defendant to attend to a national issue in the Senate.

“There is an issue of national importance that affects the senatorial district of the first defendant who is serving senator from Benue State and also a sponsor of the motion,” Ogbozor had said.

At a later sitting on February 27, 2021, prosecuting counsel, Rotimi Jacobs, SAN, informed the Court that the matter was for continuation of trial and prayed the Court to invite the PW4, Abubakar Umar to the witness box in order to continue the examination.

In view of the amended charges, learned silk sought the leave of the Court to revisit the evidence given by PW4 at the last adjourned date for purposes of elucidation.

However, the application was objected by counsel to the 1st defendant, C.E Ogbozor on the grounds that, the amended charge does not affect the status of the witness.

Ogbozor added that there is a subsisting order of the court declaring the witness hostile, that the court cannot not be dragged back and forth from stage of examination and cross-examination to re-examination.

She further stated that, from the proof of evidence accompanying the amended charges, there is nothing relating to the witness and urged the court to dismiss the application of the prosecution, close the examination of witness and allow cross-examination.

The prosecution in response informed the court that he is entitled to extract more facts from the witness and that parties are at liberty to call and recall witnesses in support of that amendment.

Justice Mohammed, after listening to the arguments of counsel, will later adjourn the matter till March 24, 2021.

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High profile corruption trial: Olisa Metuh and the alleged N400m fraud

[This Publication includes part of a compendium by Human and Environmental Development Agenda (HEDA) covering corruption cases as at 22nd of November, 2019.]