The Economic and Financial Crimes Commission, EFCC, says it will appeal the ruling of Justice Charles Agbaza of the Federal Capital. Territory High Court Abuja, which Friday dismissed the 10-count charge of corruption brought against a former Secretary to the Government of the Federation, Mr. Babachir Lawal.

This was disclosed in a statement signed by Wilson Uwujaren, Head, Media & Publicity of EFCC

Lawal,  his younger brother, Hamidu David Lawal, Suleiman Abubakar and Apeh John Monday are being prosecuted by the Economic and Financial Crimes Commission, EFCC, alongside two companies, Rholavision Engineering (fifth defendant) and Josmon Technologies (sixth defendant) on amended 10-count charge, bordering on fraud, diversion of funds and criminal conspiracy to the tune of over N544million.

Ruling on the no case submission made by the defendants today, Justice Agbaza held that the Commission which presented 11 witnesses in the course of the trial, failed to establish the ingredients of the alleged offence. He held that the Commission did not establish that Babachir Lawal was either a member of the Presidential Initiative for North East PINE that awarded the contract or a member of the Ministerial Tenders Board that vetted and gave approval to the disputed contract.

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But dissatisfied with the ruling, the EFCC has given indication that it will obtain a copy of the judgment for urgent review and challenge its validity at the appellate court.

A High Court of the Federal Capital Territory (FCT) in Maitama, had discharged and acquitted the former Secretary to the Government of the Federation (SGF), Babachir Lawal and five others accused of complicity in an alleged N544million contract fraud. The Economic and Financial Crimes Commission (EFCC) had, in a 10-count charge, accused Lawal and the other five of defrauding the Federal Government to the tune of N544m in relation the contract for the removal of evasive plant species awarded by the Presidential Initiative for North East (PINE).

Justice Charles Agbaza, in a ruling on Friday, upheld the no-case submissions made by the defendants and held that the prosecution failed to establish a prima facie case against Lawal and others to warrant their being called upon to enter defence. Justice Agbaza added that the prosecution failed, through its 11 witnesses to establish ingredients of any of the offences charged. The judge held that the prosecution did not establish that Lawal was either a member of PINE that awarded the contract or a member of the Ministerial Tenders Board that vetted and gave approval to the disputed contract.

He found that the EFCC also failed to link Lawal with the Bureau of Public Procurement (BPP) that issued a certificate of no objection to the contract before it was awarded. The judge then discharged and acquitted the defendants on all the 10 counts for want of evidence to link them with the offences charged. Charged with Lawal are Hamidu Lawal (his younger brother), Suleiman Abubakar, Apeh Monday and two companies – Rholavision Engineering Limited and Josmon Technologies Limited.