Fraud: Appeal Court okays ex-AGF’s trial after N6.4 billion refund
The Court of Appeal in Abuja has set aside the judgment of a lower court barring the Economic and Financial Crimes Commission (EFCC) from initiating either civil or criminal proceedings against a former Accountant General of the Federation (AGF), Jonah Ogunniyi Otunla.
According to the EFCC, a three-member panel of the Court of Appeal, in a judgment, marked CA/A/657/2021, on Monday, January 30, 2023, held that Otunla failed to prove that there was actually a non-prosecution agreement between him and the EFCC.
The spokesperson for the anti-graft agency, Wilson Uwujaren, revealed this in a statement obtained by our correspondent on Wednesday night.
Uwujaren noted that the court upheld the arguments of EFCC’s lawyer, Sylvanus Tahir, and resolved the four issues identified for determination in favour of the commission.
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He said: “Justice Danlami Senchi, who read the judgment, noted that Otunla did not provide any written commitment, except his words and that of his lawyer, that such an agreement existed.
“Justice Senchi held that Otunla could not halt his prosecution by merely claiming that there was an agreement, which existence he failed to establish with any credible evidence.
“In the instant case, there is no evidence to support the pleading of the respondent (Otunla) that he will not be prosecuted; those criminal or civil proceedings should not be instituted or initiated against him. There is no plea bargain or any documentary evidence relating to the President Panel for the Recovery of Funds.
“On the whole, the appeal is meritorious and it is allowed. The judgment of the Federal High Court, in suit number: FHC/ABJ/CS/2321/2021 delivered on the 16th day of July 2021 delivered by honourable Justice I. E. Ekwo is hereby set aside.”
