Justice Folashade Ogunbanjo-Giwa of the Federal High Court in Abuja has discharged and acquitted former Director-General of the National Broadcasting Commission (NBC), Ishaq Modibbo Kawu, along with other co-defendants in an alleged N2.5 billion fraud case linked to the federal government’s Digital Switch-Over (DSO) project.
The case, which has spanned several years, involved accusations against Kawu, the late Chairman of Pinnacle Communications Limited, Lucky Omoluwa, and the company’s Chief Operating Officer, Dipo Onifade. The Independent Corrupt Practices and Other Related Offences Commission (ICPC) had charged them with multiple counts, including abuse of office, money laundering, and misleading public officers to defraud the government.
According to court documents and reports, the defendants were accused of misappropriating a N2.5 billion seed grant meant for the DSO project. The ICPC alleged that Kawu fraudulently recommended Pinnacle Communications, a private entity, for the grant, contrary to the guidelines set by the government’s white paper on the DSO program.
However, in her judgment delivered on Thursday, Justice Ogunbanjo-Giwa ruled that the prosecution failed to establish the charges beyond reasonable doubt. The court noted several discrepancies in the evidence presented by the prosecution, including conflicting testimonies from witnesses. She pointed out that some witnesses contradicted themselves, and no concrete link was established between the defendants and the alleged crime.
The judge emphasized that the absence of documentary evidence to support the claims of the witnesses further weakened the prosecution’s case. She stated, “The onus and burden of proof is on the prosecution. Therefore, the evidence adduced by the prosecution to secure the conviction of the defendants is not sufficient.”
This verdict marks the conclusion of a trial that began in 2019, with the charges initially amounting to 12 counts before being amended to five following Omoluwa’s death. The trial had seen numerous hearings and legal motions, including a notable no-case submission by Kawu, which was initially dismissed by the court, leading to the defendants having to present their defense.
The acquittal has stirred various reactions across social media platforms, with some celebrating the judicial outcome while others express concerns about the implications for anti-corruption efforts in Nigeria.
Legal analysts have pointed out that this case underscores the importance of solid evidence in corruption trials, while also highlighting the challenges faced by anti-corruption bodies in securing convictions. The decision also reignites discussions on the transparency and oversight of public funds, particularly in high-profile government initiatives like the DSO project.
As the dust settles on this courtroom drama, the focus now shifts to the broader implications for governance, legal accountability, and the ongoing fight against corruption in Nigeria.
