Justice Garba Salisu of the High Court of the Federal Capital Territory sitting in Maitama has discharged and acquitted a Former Director of Admin in the Nigeria Air Force(NAF) Alkali Mamu.
The Economic and Financial Crimes Commission Mr Mamu was charged in June, 2016 for alleged collection of gratification while on duty.
According to the prosecutor the defendant received g $300, 000 and another 5.9 million for the purchase of Range Rover Evoque member of Procurement and Planning Committee of Ministry of Defence.
He was also alleged to have received two vehicles, namely an Expedition SUV and a Jaguar XF Saloon, valued at N15 million and N12 million, respectively, from a company Societe D’ Equipment Internationaux Nigeria Ltd., a contractor with the Nigerian Air Force.
At the last adjourned date, Mr Joesph Daudu (SAN), urged the court to acquit Mamu because the prosecution did not prove the ingredient of the offence.
“Upon a review of the four counts, the prosecution did not prove any ingredient of the offence alleged against the defendant.
“The offence is not strict liability offence under the sections he was charged,” he submitted.
He added that the prosecution failed to call the alleged giver of the gift to testify in court against the receiver of the gift.
“That makes the foundation of the allegation to fail.” He submitted that because money was found in someone’s account; means that it was a proceeds of a bribe.
He added that there was no nexus between the named giver of the bribe and the receiver, and should jettison the allegations and acquit the defendant. He urged the court also to order that anything ceased from the defendant should be returned to him.
The prosecuting counsel, Mr Sylvanus Tahir, urged the court to go ahead and convict Mamu because the prosecution had made a prima facie case against the defendant. He added that the prosecution had proved its case beyond reasonable doubt. “Our argument is copiously stated in our final written address and we urged the court to carefully go through it” he submitted.
He urged the court to go ahead and convict the defendant.
Justice Salisu while delivering his judgement said the prosecution failed to comply with constitutional provisions for obtaining the statement of the witness.
The judge also said the prosecution witness confirmed in court that the commission knew the location of a vital Ima Abubakar and still failed to bring the witness to court.
He said:”the prosecution failed to prove it’s case against the defendant and consequently discharged him of the four-count brought against the accused”