By Eric Ikhilae, Abuja
The Director-General of National Broadcasting Commission (NBC), Ishaq Kawu Modibbo, and three others have faulted the alleged N2.5 billion fraud charge the Independent Corrupt Practices and Other Related Offences Commission (ICPC) filed against them.
The money was allegedly misappropriated in the course of disbursing the seed grant for Federal Government’s Digital Switch-Over (DSO) project.
Kawu, Pinnacle Communications Limited, its Chairman, Lucky Omoluwa, and the firm’s Chief Operating Officer, Dipo Onifade, argued that the prosecution failed to establish their (accused persons’) involvement in the alleged crime.
The defendants, in their no-case submission, which they adopted yesterday, contended that the prosecution failed through all its witnesses to make out a prima facie case against them.
Kawu’s lawyer Abdulhakeem Mustapha (SAN) urged the court to discharge and acquit his client on the three counts of the charge.
He said: “A vital witness in this case was not called and the court was gracious to give ample time for the state to call the minister as witness, but they failed.
“The onus lies on the state to call the minister as a witness because he gave the approval for the release of N2.5 billion grant for Federal Government’s DSO project.
“As we speak, my lord, the minister has not come out to deny giving the first defendant the approval. He has not queried the first defendant; he has not said anything other than applauding the achievements of the defendant as the DG of NBC.
READ ALSO: Alleged N2.5b fraud: NBC DG Kawu, others faults ICPC’s case against them
“My lord, for the minister not to refute the approval and not telling the court that he was misled, nor say anything to the contrary, shows a big gap,” Mustapha said.
The lawyer to the second and third defendants, Alex Izinyon (SAN), spoke in similar tone.
He noted that the prosecution failed to prove the essential ingredients outlined in sections 302 and 303 of Administration of Criminal Justice Act (ACJA).
Lawyer to the fourth defendant, Ama Etuwewe (SAN), also prayed the court to discharge and acquit his client.
But in a counter-argument, the prosecution lawyer, Henry Emore, urged the court to reject the defendants’ no-case submission on the ground that the prosecution had proved its case.
After listening to arguments by lawyers to both parties, Justice Folashade Giwa-Ogunbanjo adjourned till March 29 for ruling.
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