Court Acquits Babachir Lawal of N544m Contract Fraud

November 18, 2022
Babachir Lawal

By Adedapo Adesanya

A high court in the Federal Capital Territory (FCT), Abuja, has discharged and acquitted Mr Babachir Lawal, a former secretary to the government of the federation (SGF), and five others of N544 million contract fraud allegation against them.

Justice Charles Agbaza discharged and acquitted them on Friday of the 10-count criminal charges proffered against them by the Economic and Financial Crimes Commission (EFCC).

He held that the EFCC failed to establish a case against the defendants; consequently, he acquitted them of the charges.

Recall that on February 12, 2019, the EFCC arraigned the ex-SGF before Justice Jude Okeke on a 10-count charge bordering on fraud, diversion of funds, and criminal conspiracy to the tune of N1.1 billion.

Mr Lawal was arraigned alongside his younger brother, Hamidu David Lawal, Suleiman Abubakar, Apeh John Monday, and two companies, Rholavision Engineering Ltd and Josmon Technologies Ltd.

The court documents showed that the one of the counts read: “That you, Hamidu David Lawal, being a Director of Rholavision Engineering Ltd, Suleiman Abubakar, being a staff of Rholavision Engineering Ltd, Apeh Monday John, being the Managing Director of Josmon Technologies Ltd and Rholavision Engineering Ltd on or about the 4th of March, 2016 at Abuja in the Abuja Judicial Division of the High Court of the Federal Capital Territory did abet the holding indirectly of a private interest by Engineer Babachir David Lawal in the award of contract to Josmon Technologies Ltd for the removal of invasive plant species and simplified irrigation by the Office of the Secretary to the Government of the Federation through the Presidential Initiative for North West PINE to the tune of N272,524,356.02 (Two Hundred and Seventy Two Million, Five Hundred and Twenty Four Thousand, Three Hundred and Fifty Six Naira, Two Kobo only) which Rholavision Engineering Ltd executed and thereby committed an offence contrary to section 26 (1)(c) of the Independent Corrupt Practices And Other Related Offences Act 2000 and punishable under section 12 of the same Act.”

Upon arraignment, they all pleaded “not guilty” to the charges against them.

Following the demise of Justice Okeke, the trial had to start afresh, and on November 30, 2020, they were re-arraigned before Justice Agbaza on an amended 10-count charge bordering on diversion of funds, criminal conspiracy, and official corruption to the tune of N544 million.

The EFCC had presented 11 witnesses to testify against the defendants before the court.

Delivering his judgment, the judge held that the EFCC failed to establish a prima facie case against the defendants.

A prima facie case is a cause of action or defense that is sufficiently established by a party’s evidence to justify a verdict in his or her favor, provided such evidence is not rebutted by the other party.

Ruling on the no-case submission by the ex-SGF, the court held that no ingredients of any offence were made out by witnesses the EFCC presented.

Adedapo Adesanya

Adedapo Adesanya is a journalist, polymath, and connoisseur of everything art. When he is not writing, he has his nose buried in one of the many books or articles he has bookmarked or simply listening to good music with a bottle of beer or wine. He supports the greatest club in the world, Manchester United F.C.

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