FORMER President Goodluck Jonathan’s cousin, Robert Azibaola, has been ordered to defend himself in a fraud allegation of $40 million levelled against him and his company, One Plus Holding Ltd, by the Federal Government.
According to a Federal High Court, Abuja, Azibaola must defend himself on two out of the nine-count charge preferred against him by the government.
He was to defend himself on the two counts bordering on being in possession of and converting the sum of $40 million received from the office of the former National Security Adviser (NSA), Col. Sambo Dasuki (retd) to personal use.
Justice Nnamdi Dimgba made the order yesterday while ruling on the no-case-submission filed by Azibaola and his wife, Stella.
The court, however, discharged and acquitted Stella of all the nine-count charge levelled against her.
Dimgba, in discharging Stella, held that being wife to Azibaola was not enough to charge her with the offence since criminal liability was personal and not vicarious.
The Economic and Financial Crimes Commission (EFCC), the prosecuting agency in the matter, in 2016 preferred a seven-count charge against Azibaola, his wife, Stella and their company.
EFCC said they received $40 million worth of contract from Dasuki.
They were subsequently arraigned on June 7, 2016 and were admitted to bail for N500 million each.
They were re-arraigned on April 27, 2017, this time on a nine-count amended charge.
In the cause of the trial, the prosecution called 10 witnesses and tendered 27 documented evidences against the three parties and closed its case.
Mr. Chris Uche (SAN), counsel to Azibaola and his wife, however, filed a no-case-submission.
Uche insisted that the government had failed to establish a prima-facie case that would warrant his clients to enter a defence and prayed the court to discharge and acquit his clients.
Delivering the court’s ruling on the no-case-submission, the judge held that two of the defendants had some explanations to do with regards to counts two and three.
“It was claimed that the $40 million released from the office of the former NSA to Azibaola and One Plus Holding Ltd was meant for the procurement of tactical communication kits.
“Counts two and three are basically the same, the difference is that count two borders on possession of the sum of $40 million while count three was hinged on conversion of the said amount.
“Having reviewed the oral and documentary evidence tendered by the prosecution through its witnesses, this court holds the view that there is good reason for Azibaola and the company to proceed with their defence,” the court ruled
The court noted that there was no evidence to show that the said tactical communication kits were supplied.
“In the absence of any evidence to show supply of the tactical communication kits, the 1st (Azibaola) and 3rd (One Plus Holding) defendants are in a position to explain what the fund was used for.
“On the whole, there is sufficient prima-facie case made out by the prosecution against the 1st and 3rd defendants.
“The no-case-submission in respect of these two counts is refused,” the court held.
The court absolved Azibaola and his company of any wrongdoing in counts one, four, five, six, seven, eight and nine.
The judge adjourned the matter until June 4 for Azibaola to open his defence.
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