Suswam’s decade-long ‘N3.1bn fraud’ trial stalls over failure to open his defence

The trial of Gabriel Suswam, former governor of Benue state, could not proceed on Monday after his legal team asked for more time to prepare his defence.

Suswam is standing trial alongside Omodachi Okolobia, his former commissioner of finance, on amended 11-count charges filed by the Economic and Financial Crimes Commission (EFCC).

The EFCC alleged that they diverted N3.1 billion from the sale of Benue state’s shares in various companies managed by the Benue Investment and Property Company Limited (BIPC).

The funds were allegedly laundered through Elixir Securities Limited and Elixir Investment Partners Limited.

On July 23, Peter Lifu, presiding judge, dismissed a no-case submission filed by the ex-governor, ruling that the prosecution had established a case requiring him to enter his defence.

The judge directed the defendants to open their case on September 22.

However, at Monday’s sitting, J.B. Daudu, counsel to Suswam, asked the court to adjourn the matter for three weeks.

He cited the alleged hospitalisation of a member of his legal team, Chenelu Ogbozor, and noted that an appeal has been filed against the ruling dismissing the no-case submission.

Daudu urged the court to hold off proceedings until the appeal is determined.

Opposing the application, A.O. Atolagbe, EFCC counsel, argued that the defence had more than enough time during the court’s annual recess to prepare its case.

“We have more than two months to prepare for the defence. In fact, this case has been up for 10 years and they have more than 10 years to prepare for defence,” Atolagbe said.

“We cannot wait for the court of appeal and ask the trial court to wait. Except in a case where the court of appeal gives a date and gives a ruling, that is when this court can be bound by this. 

“But this court cannot stall proceedings because of that application. We ask that the trial court discountenance this.

“My lord, it is unfair for them to ask for three weeks; the defence had more than three months  during the break to prepare for their case.”

Lifu expressed frustration over the pace of the trial which began in 2015.

“This morning when I came, I was searching for the file of this case, and I couldn’t find it. In fact, until now, I have not set my eyes on the application of the court of appeal you are talking about,” the judge said. 

“I had to send my people to go to the appeal registry of the court to look for the file, only to see the case file scattered and littered all over the place.

“It was the reason why I came here late. We cannot go on like this. This case has been on for 10 years. No matter what, a case should not go on for 10 years.”

The judge adjourned hearing to October 10 for the defendants to open their defence.

MULTIPLE DELAYS

The case has suffered multiple delays. Initially assigned to Ahmed Mohammed, it was stalled after the judge recused himself over allegations of bias.

The case was then transferred to Okon Abang, but Suswam challenged the court’s jurisdiction.

In February 2020, the court of appeal ordered a return of the case file to Mohammed.

After the EFCC concluded its prosecution before Mohammed, the trial was expected to proceed with the defence.

However, the judge was elevated to the court of appeal in 2023, prompting the case to be reassigned to Lifu. As a result, Suswam and Okolobia were re-arraigned and the case commenced afresh.

Suswam, 60, was Benue governor from 2007 to 2015.