Alleged ₦3.1bn Fraud: Court to Rule on Suswam’s No-Case Submission July 23

Justice Peter Lifu of the Federal High Court in Maitama, Abuja, has adjourned proceedings in the trial of former Benue State governor, Gabriel Suswam, and his former Commissioner for Finance, Omodachi Okolobia, to July 23, 2025. The adjournment will allow the court to deliver its ruling on a no-case submission filed by the defence in the ongoing ₦3.1 billion fraud trial.

Suswam and Okolobia are facing an 11-count amended charge filed by the Economic and Financial Crimes Commission (EFCC), which accuses them of diverting ₦3.1 billion. The alleged funds were part of the proceeds from the sale of Benue State government shares managed by the Benue Investment and Property Company Limited. The sales were reportedly executed through Elixir Securities Limited and Elixir Investment Partners Limited.

At the resumed hearing on Friday, July 11, 2025, defence counsels Chenelu Ogbozor and Paul Erokoro, SAN, representing Suswam and Okolobia respectively, confirmed that they had filed a no-case submission pursuant to Sections 302 and 303 of the Administration of Criminal Justice Act (ACJA), 2015.

Ogbozor informed the court that the application was filed on May 28, 2025, while the supporting written address was submitted and served on July 10. The defence urged the court to adopt their submissions, arguing that the prosecution had failed to establish a prima facie case against the defendants.

Erokoro submitted, “We respectfully urge this Honourable Court to find that the prosecution has not made out any case against the defendants, and to accordingly discharge and acquit them.”

Opposing the motion, EFCC lead counsel Rotimi Jacobs, SAN, argued that the prosecution had presented credible evidence linking the defendants to the alleged fraudulent diversion. He said the no-case submission lacked merit and should be dismissed.

“The prosecution has established a prima facie case. The evidence before the court is sufficient to call upon the defendants to enter their defence,” Jacobs stated.

After hearing both sides, Justice Lifu adjourned the matter to July 23 for ruling.

The decision on the no-case submission is critical to the future of the trial. If the court rules in favour of the defence, both Suswam and Okolobia will be discharged and acquitted. However, if the court agrees with the EFCC, the defendants will be required to open their defence.

The case, which dates back several years, has faced numerous delays and was amended in 2023. Suswam and Okolobia were re-arraigned on the new charges and pleaded not guilty.

Gabriel Suswam, who governed Benue State from 2007 to 2015, has consistently denied any wrongdoing. However, the case continues to attract significant public attention, as it is widely seen as a test of Nigeria’s resolve to prosecute alleged corruption by former top officials.

A no-case submission is typically upheld when the court finds that the prosecution’s evidence is too weak or disjointed to warrant a defence. If Justice Lifu finds that the prosecution has raised substantial questions about the defendants’ conduct, the case will proceed to the next phase, where the accused will have to present their defence.

The July 23 ruling is expected to be a turning point in one of Nigeria’s most high-profile corruption trials.