Court Dismisses Suswam’s No-Case Submission in N3.1bn Fraud Trial

The Federal High Court in Abuja has formally dismissed a “no-case” submission filed by former Benue State Governor, Gabriel Suswam, and his co-defendant, Omodachi Okolobia, a former Commissioner for Finance in the state.

The decision stems from an ongoing fraud trial over an alleged N3.1 billion money laundering scheme prosecuted by the Economic and Financial Crimes Commission (EFCC).

In his ruling, Justice Peter Lifu emphasized that the prosecution had presented sufficient prima facie evidence against the defendants to warrant a full defense.

According to the judge, both Suswam and Okolobia must provide further explanations and clarifications in light of the compelling testimonies and documentary evidence already tendered by prosecution witnesses.

The legal proceedings date back to 2015, when the EFCC initially arrested Suswam on suspicion of misappropriating public funds during his tenure as governor from May 2007 to May 2015. Nairametrics, among other outlets, reported that the charges were part of broader investigations into corrupt financial dealings during his administration.

Specifically, the EFCC accused Suswam and Okolobia of diverting funds belonging to the Benue State Government. The charges, which have since been amended to 11 counts, allege that N3.1 billion, believed to be proceeds from the sale of shares owned by the Benue Investment and Property Company Limited, was laundered through private investment firms—Elixir Securities Limited and Elixir Investment Partners Limited.

Both defendants were arraigned and pleaded not guilty, setting the stage for a protracted trial.

Throughout the proceedings, the EFCC presented multiple witnesses. One key testimony came from Abubakar Umar, a bureau de change operator, who alleged that in 2014, he received a wire transfer of N3.1 billion from Suswam and subsequently delivered the cash equivalent of $15.8 million directly to the former governor at his Maitama residence in Abuja.

In addition, the EFCC’s final witness, Appea Sunday, an investigator from the Commission’s Economic Governance Section, detailed the outcome of the investigation and authenticated various documents submitted as evidence. He was briefly cross-examined by the defense team.

After the prosecution concluded its case in 2023, defense counsels—led by Paul Erokoro, SAN—submitted a no-case application in May 2025, arguing that the evidence presented by the EFCC was insufficient to warrant a response from the defendants. They contended that the prosecution failed to establish a clear link between their clients and the alleged offense.

However, EFCC counsel O.A. Atolagbe strongly opposed the submission, insisting that a credible prima facie case had been established. The matter was then reserved for ruling.

In his ruling, Justice Lifu clarified that it was not the duty of the court at the no-case stage to weigh the credibility of the evidence, but rather to determine whether the prosecution had presented a case that the defendants must respond to.

He stated: “This court is not, at this stage, required to make final findings or determine the guilt or innocence of the accused. However, based on the available evidence and testimonies from witnesses, it is my considered view that the defense must throw more light on the matters raised.”



The judge concluded:“I do hold that there is a case to answer, as the prosecution has clearly established a prima facie case. Accordingly, the no-case submission is refused and dismissed.”



Following the dismissal, the defense team requested an adjournment to prepare their response. The court granted the request and adjourned the matter to September 22 and 26, 2025, for the defendants to open their defense.

The case has seen several delays and judicial transfers. Initially presided over by Justice Ahmed Mohammed, it was later reassigned to Justice Okon Abang and subsequently to Justice Lifu, following the elevation of the previous judges to the Court of Appeal.

Beyond the current trial, Suswam has faced multiple allegations of financial impropriety. A judicial panel of inquiry, established by his successor Governor Samuel Ortom, uncovered that N6.5 billion allocated under the Subsidy Reinvestment and Empowerment Programme (SURE-P) remained unaccounted for during Suswam’s administration.

EFCC spokesperson Wilson Uwujaren confirmed that the Commission’s investigation into Suswam’s financial dealings in Benue State was ongoing and part of a broader anti-corruption initiative.