Justice Peter Lifu of the Federal High Court sitting in Abuja on Wednesday, July 23, 2025 dismissed a No -case Submission made by former Benue State Governor, Gabriel Suswan, ordering him to commence his defence.
Suswan, alongside his then Commissioner of Finance, Omodachi Okolobia is facing an 11-count amended charge for allegedly diverting N3.1 billion, being part of proceeds from the State government’s shares held on behalf of the state by the Benue Investment and Property Company Limited through Elixir Securities Limited and Elixir Investment Partners Limited.
The prosecution, at the last adjourned date, closed its case after presenting nine witnesses, which led the defence to file a No- Case submission.
Justice Lifu, while ruling, stated that the prosecution has provided nine witnesses that testified before the court with exhibits. He stressed that it cannot be legally said there is no case or evidence linking the defendants to the 11 count charges.
“The determination of the court at this stage is not to address the credibility of witnesses. What constitutes the court’s critical concerns is to determine whether or not there is a prima facie case. It is the court’s considered view that the defendants need to throw some light on some of the allegations at least for the sake of fulfilling the principle of fair hearing, therefore subject to further evidence and explanation, the two defendants in this case have a case to answer and I so hold. Consequently, upon my conclusion on the above stated, the defendants’ No- Case submission is hereby refused and dismissed. The defendants are hereby called upon to enter their various defences” he said.
The judge later adjourned the matter to September 22 and 26, 2025.
