Justice Peter Lifu of the Federal High Court in Abuja has ruled that former Governor of Benue State, Gabriel Suswam, must face trial in the N3.1 billion fraud case brought against him by the Economic and Financial Crimes Commission (EFCC).
Delivering a ruling on a no-case submission filed by Suswam and his co-defendant, former Commissioner for Finance Omodachi Okolobia, the judge held that the EFCC had successfully established a prima facie case. He ruled that the evidence presented so far warrants a full defence from the accused.
Justice Lifu stated that the application seeking to terminate the case at this stage was premature and lacked merit.
He therefore dismissed the no-case submission and ordered both defendants to open their defence. The court adjourned the matter to September 22 and 26, 2025, for continuation of trial.
Suswam and Okolobia are standing trial on an amended 11-count charge, which alleges that they diverted N3.1 billion from the proceeds of the sale of Benue State government shares held by the Benue Investment and Property Company Limited.
The funds were reportedly channeled through Elixir Securities Limited and Elixir Investment Partners Limited.
During the hearing, defence counsel Chenelu Ogbozor and Paul Erokoro, SAN, urged the court to dismiss the case, arguing that the EFCC failed to link their clients directly to the alleged offences.
They cited Sections 302 and 303 of the Administration of Criminal Justice Act, 2015, in support of their application.
However, EFCC’s lead counsel, Rotimi Jacobs, SAN, opposed the motion, insisting that the evidence provided by the prosecution was sufficient to require the defendants to present their defence. He maintained that the no-case submission was baseless and should be disregarded.
Justice Lifu agreed with the prosecution, ruling that there was enough ground for the trial to proceed.
