Justice Olasumbo Goodluck of a Federal Capital Territory High Court has dismissed and discharged former Head of Service of the Federation, Steve Oronsaye of all the seven count charge prefered against him by the Federal Government, through the Economic and Financial Crimes Commission (EFCC).
Oronsaye, through his counsel Kanu Agabi SAN, told the court that EFCC’s charge ‘do not meet the requirements of law’ and that no prima facie case has been established against the defendant to warrant him to enter his defence, after the prosecution had closed its case which led to the defendant filing a no case submission.
Delivering her ruling on the no case submission, Justice Goodluck held that though there was copious evidence from some of the witnesses called by prosecution that Orosanye collected money from the Central Bank of Nigeria (CBN) and the Office of the National Security Adviser (ONSA), which was entrusted to him, the court was unable to hold that he converted same to his personal use, this was because there was no evidence laid before the court regarding the funds collected from CBN and ONSA being used for his personal benefit.
She added that the prosecution ought to have called one Sunday Odey, Personal Assistant to Orosanye and Friday Ololo, both of whom were withdrawing from the Access Bank, where he deposited the funds, to testify for it.
The court further held that there was contradictory evidence by the prosecution witnesses on whether the defendant was still the Head of Service of the Federation as of the time he chaired the committee.
She held that without a case made against the defendant, he could not be called upon to answer to the charge, submitting that the burden of proof laid on the prosecution to prove not the innocence of the defendant.
“I have looked through the case and I am unable to see any justifications for this case. No evidence has been laid on the allegation that he converted the fund of his committee for his personal use; no evidence has been laid that the defendant violated the extant law on financial regulation; no evidence to establish that the defendant was a public officer. The court of trial must have as matter of law discharge him because it has no business scouting for evidence that is nowhere to be found. This is not consistent with the adversary system of the ACJA.
“There is no need to proceed with the defence. The defendant is hereby discharged”, the court held.
Oronsaye was arraigned by the Economic and Financial Crimes Commission (EFCC) on a seven count charge of breach of trust which he allegedly committed between 2013 and 2014, by defrauding the Federal Government of N190million, using his position as the then chairman of the Presidential Committee on Financial Action Taskforce (FATF).
He was accused of converting the N190 million to his personal use through the investment of the fund in Access Bank Plc for a tenor of 90 days at 9 and 12 percent interest rates “in violation of the extant financial regulations”.
SEYI ANJORIN, Abuja
