Justice Abba B. Mohammed of the High Court of the Federal Capital Territory sitting in Jabi, Abuja on Wednesday, March 11, 2015 refused an application brought by one Ibrahim Mohammed Bashir and Steve Imokhe seeking to quash a 13-count charge of conspiracy, stealing, forgery, impersonation, criminal conversion and obtaining under false pretence preferred against them by the Economic and Financial Crimes Commission, EFCC.
Bashir and Imokhe, who are second and third accused persons in the suit respectively, are standing trial alongside Ibrahim Mohammed Kamba and Hassan Argungu, first accused and fourth accused respectively, for their criminal complicity in the sale of a parcel of land.
The duo through their counsel, Abdulhameed Mohammed and F. M Oduma prayed the court to quash the charges against them for failure of the prosecution to establish a prima facie case against them. According to them, the charge are based on allegations which were not accompanied by the proof of evidence and the proof of evidence does not disclose any offence of the third accused obtaining landed documents under false pretence.
The counsel urged the court to strike out the charges against their clients.
However, counsel to EFCC, Cosmos Ugwu countered the application stating that, direct evidence is not needed to establish a case of conspiracy, but circumstantial evidence. He added that, the mere fact that, the third accused had the receipt of a fraudulent document is enough proof against him at this stage of the matter.
Justice Mohammed while dismissing the application, held that a prima facie case has been established against the second accused and the third accused.
The Judge stated that, the second accused has a case to answer on count 1 and 2 which had to do with conspiracy and obtaining by false pretence, but struck out count 11 and 12 against him.
On the third accused, Justice Mohammed held that, the accused has a case to answer on count 1 and 2 adding that, a prima facie case was not established against the him on count 13.
The case has been adjourned to April 22,2015 for continuation of trial.
One of the charge reads: “That you Ibrahim Mohammed Kamba, Ibrahim Mohammed Bashir, Steve Imokhe and Hassan Argungu on or about the 25th July, 2010 in Abuja within the jurisdiction of the High Court of the Federal Capital Territory, agreed amongst yourselves to do an illegal act to wit: obtain titled documents under false pretences and thereby committed an offence contrary to Section 8(a) and punishable under Section 1(3) of the Advanced Fee Fraud and Other Related Offences Act, 2006″
Media & Publicity
11th March 2015
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