Alleged N3bn Fraud: Suswam’s request to participate in CJ’s clearance stalls trial

The Federal High Court in Abuja, on Tuesday, adjourned till
Wednesday, the trial of Senator Gabriel Suswam, to enable him to
participate in the Senate proceedings for the clearance of the
Acting Chief Judge of the court, Justice John Tsoho.

President Muhammadu Buhari had earlier sent Tsoho’s name to the
Senate for confirmation following the judge’s recommendation for
appointment as the substantive Chief Judge of the Federal High
Court by the National Judicial Council.

Suswam, a former Governor of Benue State, is the senator
representing Benue North-East Senatorial District where Justice
Tsoho hails from, defence lawyer, Chinelo Ogbozor, told the court
while asking the trial judge, Justice Okon Abang, to adjourn the
case on Tuesday.

The ex-governor and the then Commissioner for Finance in his
administration, Omadachi Oklobia, are being prosecuted before the
court on N3.1bn money laundering charges.

They were accused by the Economic and Financial Crimes
Commission of diverting the money which was said to be part of the
proceeds of the sale of some shares of Benue State in a
company.

Justice Abang had on Monday adjourned the matter till Tuesday to
enable the EFCC’s first prosecution witness, Mrs. Clara-Whyte
Mshelia, to continue her testimony.

Msheila is the Managing Director of Elixir Investment Partners,
the firm managing Benue State’s shares on behalf of the state.

At the resumed hearing on Tuesday, Suswam’s lawyer, Chinelo
Ogbozor, pleaded with the judge to adjourn the case to enable the
senator to participate in the Senate hearing on the clearance of
Justice Tsoho.

She added, “It is an issue of national importance that affects
the leadership of the Federal High Court and the nation as a
whole.

“The first defendant being the sponsor of that motion and leader
of the Benue senators, his presence is seriously required by the
National Assembly by 10.00 a.m. this morning.”

The co-defendant’s lawyer, Audu Aluga, did not oppose the
application for adjournment on the grounds that it was to enable
the senator to participate in a constitutional process.

But the EFCC’s prosecuting counsel, Rotimi Jacobs (SAN), opposed
the application for adjournment.

He said in climes where Nigeria borrowed its democratic system
of government, the defendant would be more interested in clearing
his name first before handling any state matters.

He said, “We borrowed democracy from the West but we did not
borrow the norms of democracy and its values.

“In the climes where we borrowed our democracy, the first
defendant would like to clear his name first before handling state
matters, so that state matters would not be polluted.

“That he wants to participate in the confirmation of the Chief
Judge amounts to a grave danger to justice.

“What will be the impression of the ordinary man in Nyanya
market that an accused person is going to clear the Chief Judge of
the court where he is being prosecuted?

“And he has the effrontery to announce it before this court that
he wants to participate in the confirmation.

“It will be damage to our reputation, goodwill and morals for
him to participate in the Senate proceedings of today at the
National Assembly.

“I will not like him to participate in the confirmation of the
CJ.”

He also said Benue State, with three senators like other states
of the federation, had two other competent senators that could
represent Benue State at the Senate proceedings in Suswam’s
absence.

In her closing response, Suswam’s lawyer noted that her client,
by virtue of section 36(5) of the Constitution, remained innocent
until proven otherwise.

According to Ogbozor, Jacobs’ submission that Suswam be
disallowed from participating in the proceedings for CJ’s
confirmation amounted to “pre-judging the first defendant as guilty
already.”

Ruling, Justice Abang agreed with Ogbozor that the senator was
presumed innocent until proven guilty by the prosecution.

The judge noted that, although the prosecution witness who was
already in the box was a nursing mother who had to travel from
Lagos to be able to testify in the case, there was the need to
balance the competing rights of parties before the court.

The judge said, “Her baby did not bargain for this. But there is
no sacrifice for the court to balance the competing right of
parties.

“I want to assure you all that justice will be done and will be
seen to have been done.”

He adjourned till Wednesday for the continuation of trial.

The defendants were arraigned before Justice Abang on September
30 after the former judge, Justice Ahmed Mohammed, who had been
handling the matter when it started in 2015, withdrew from the case
earlier in this year.