Abuja, 11 July 2025 – A Federal High Court in Abuja has adjourned until 23 July the ruling on a no-case submission filed by former Benue State governor Gabriel Suswam and his ex-Commissioner of Finance, Omodachi Okolobia, in a long-running N3.1 billion fraud case.
Justice Peter Lifu, presiding over the matter at the court’s Maitama division, made the decision on Friday following arguments from both the defence and prosecution teams. Suswam and Okolobia face an amended 11-count charge brought by the Economic and Financial Crimes Commission (EFCC), accusing them of diverting funds derived from the sale of state government shares held by the Benue Investment and Property Company Limited. The shares were sold through Elixir Securities Limited and Elixir Investment Partners Limited, with the alleged diversion occurring during Suswam’s tenure as governor.
The defence, represented by Chenelu Ogbozor and Paul Erokoro SAN, informed the court of their no-case submission filed on 28 May 2025 under Sections 302 and 303 of the Administration of Criminal Justice Act 2015. A written address was served on 10 July, urging the judge to adopt the submission and discharge the defendants. In response, prosecution counsel Rotimi Jacobs SAN highlighted his reply dated July 2025, arguing that the application lacked merit and should be discountenanced.
The EFCC’s case against Suswam, which dates back to at least 2020, centres on claims that the N3.1 billion – equivalent to approximately $15.8 million at the time – was laundered through various channels. In earlier proceedings, the anti-graft agency presented multiple witnesses, including a bureau de change operator, Abubakar Umar, who testified in September 2024 that he converted the naira sum into dollars and delivered it in cash to Suswam’s residence in Maitama, Abuja. Umar detailed receiving transfers in tranches totalling N3.1 billion from a proxy introduced by Suswam, using an exchange rate of N197 to the dollar.
Umar’s testimony has been pivotal, with the witness previously alleging pressure from Suswam’s associates to alter his statement. In February 2020, he claimed threats to his life and family if he did not testify favourably, insisting he handed the cash directly to Suswam in Maitama rather than elsewhere as initially suggested under duress.
The prosecution wrapped up its case in May 2025 with its ninth and final witness, Ape Sunday, an EFCC investigator, after a tenth witness was unable to testify due to ill health. This followed earlier evidence from witnesses like Mustapha Yusuf Ibrahim, who in May 2023 analysed Suswam’s bank accounts, revealing irregularities in salary payments and inflows from share sales amounting to N5.3 billion into the state’s Ministry of Finance account.
The trial has seen numerous adjournments over the years, including shifts between judges such as Justice A.R. Mohammed and Justice Okon Abang, often due to missing documents or witness issues. In one notable instance in February 2020, the court ordered the EFCC, police, and Department of State Services to investigate false online reports alleging secret meetings to influence the outcome.
Suswam, who served as Benue governor from 2007 to 2015, was re-arraigned alongside Okolobia in November 2020 on the charges, which the EFCC describes as part of broader efforts to recover misappropriated public funds. The defendants have consistently denied the allegations, maintaining their innocence throughout the proceedings.
The upcoming ruling on 23 July will determine whether the case proceeds to a full defence or if the charges are dismissed at this stage. Legal observers note that no-case submissions are common in such high-profile corruption trials, testing whether the prosecution has established a prima facie case.
The EFCC continues to highlight the matter as emblematic of its commitment to combating financial crimes among public officials.
