Justice Peter Lifu of the Federal High Court, Abuja, has ruled that former governor of Benue State, Gabriel Suswam has a case to answer in the N3.1bn fraud charges brought against him by the Economic and Financial Crimes Commission EFCC.

The Judge held that a prima facie case has been successfully established against the former governor to warrant defense in the fraud charges.

In his ruling on no case submission made by Suswam and his former Commissioner for Finance, Mr Omodachi Okolobia, the Judge said the no case submission has no merit for now and consequently dismissed it.

Justice Lifu ordered the two defendants to enter their defense and fixed September 22 and 26 for them to do so.

Suswam, the first defendant alongside, his Commissioner of Finance, Omodachi Okolobia are facing an 11-count amended charge for allegedly diverting N3.1 billion, being part of proceeds from the sales of the state government’s shares held on its behalf by the Benue Investment and Property Company Limited through Elixir Securities Limited and Elixir Investment Partners Limited.

At the no case proceedings, counsel to the first and second defendant, Chenelu Ogbozor and Paul Erokoro, SAN had informed the court of their application brought pursuant to Section 302 and 303 of the Administration of Criminal Justice Act, ACJA, 2015.

They urged the court to adopt the submission and discharge and acquit both defendants on the ground that they have not been effectively linked with the alleged offences.

However, the prosecution counsel, Rotimi Jacobs, SAN, had drawn the attention of the court to his response to the application in opposition to the no case and prayed the court to discountenance the application of the defence team.

Among others, the federal government lawyer stated that the no case proceeding has no substance and lacked merit.