FG withdraws N20bn fraud case against ex-AMCON MD Ahmed Kuru

A high court in Ikeja, Lagos, has struck out a criminal case against Ahmed Kuru, former managing director of the Asset Management Corporation of Nigeria (AMCON).

Rahman Oshodi, presiding judge, struck out the case on Monday following an application of withdrawal by the office of the attorney-general of the federation (AGF).

Kuru was arraigned on February 11 on a six-count amended charge bordering on conspiracy, stealing, and transfer of property derived from an illegal act.

He pleaded not guilty.

On the same day, Sigma Golf Nigeria Limited, initially a co-defendant, pleaded guilty and was convicted.

The Economic and Financial Crimes Commission (EFCC) had alleged that AMCON funds, amounting to N20 billion, were diverted through Heritage Bank for the benefit of Sigma Golf Nigeria Limited, which allegedly used the money to acquire Keystone Bank.

However, the trial never commenced as the AGF filed a notice of discontinuance dated July 24, asking to withdraw the case.

At the proceedings on Monday, V.J. Alma, prosecution counsel, prayed the court to discharge the defendant.

Olasupo Shasore, the defendant’s counsel, supported the application and asked for the release of Kuru’s bail bond and sureties.

In his ruling, Oshodi held that under Nigerian criminal law, the prosecution had the discretion to withdraw charges at any stage before judgment.

He accordingly discharged Kuru under Section 73(1)(i) of the Administration of Criminal Justice Law of Lagos state, 2015, and Section 108(2)(a) of the Administration of Criminal Justice Act, 2015.

The court also ordered the immediate release of Kuru’s travel documents and discharged his sureties from all obligations.

“It is well established in criminal jurisprudence that the prosecution possesses the prerogative to withdraw from the prosecution of any matter at any stage of the proceedings,” the judge held.

“Given that withdrawal, the defendant is hereby discharged under Section 73(1)(i) of the Administration of Criminal Justice Law of Lagos State, 2015. See also Section 108(2)(a) of the Administration of Criminal Justice Act, 2015.

“The bond entered on behalf of the defendant is hereby discharged, and his sureties are released from their obligations thereunder.

“Concomitantly, the notice to the Nigerian Immigration Service regarding the withholding of the defendant’s passport shall cease to have effect, and the defendant’s travel documents are hereby released.

“In the circumstances, this matter is hereby struck out.”