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A High Court of Federal Capital Territory sitting in Maitama has dismissed the charges of corruption brought against a former Head of Service of the Federation, Mr. Steve Oronsaye, by the Economic and Financial Crimes Commission.
The EFCC had preferred seven charges bordering on criminal breach of trust and diversion of N190m against him.
He was accused of converting the N190m to his personal use through the investment of the fund in Access Bank Plc for a tenor of 90 days at 9 and 12 per cent interest rates “in violation of the extant financial regulations”.
Mr Oronsaye through his counsel, Chief Kanu Agabi, however entered a no-case submission on the grounds that the anti-graft agency did not establish a prima facie case against him.
In her ruling on the no-case submission, Justice Olasumbo Goodluck held that the no-case submission filed by the defendant raised issues with colouration of preliminary objection, which the court had to consider.
The judge ruled that though there was copious evidence from some of the witnesses called by prosecution that Mr Oronsaye collected money from the Central Bank of Nigeria and the Office of the National Security Adviser, which was entrusted to him, the court was unable to hold that he converted the same to his personal use.
This, she submitted, was because there was no evidence laid before the court regarding the funds collected from CBN and the Office of the National Security Adviser being used for his personal benefit.
She added that the prosecution ought to have called one Sunday Odey, a personal assistant to Mr Oronsaye and Friday Ololo, both of whom were withdrawing from the Access Bank account, where he deposited the funds, to testify for it.
The judge also held that the prosecution had failed to prove the ingredients in section 311 of the penal code to establish that Mr Oronsaye was a public officer as of the time he headed 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 with the prosecution.
Mr Oronsaye was arraigned by the EFCC for breach of trust allegedly committed between 2013 and 2014 by defrauding the Federal Government of N190m using his position as the then chairman of the presidential committee on financial action task force.
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