By Ikechukwu Nnochiri

ABUJA—A High Court of the Federal Capital Territory sitting at Maitama, yesterday, discharged former Head of Service of the Federation, HoS, Mr. Stephen Oronsaye, of the allegation that he diverted public funds to the tune of N190 million.

The court, in a ruling delivered by trial Justice Olasumbo Goodluck held that the Economic and Financial Crimes Commission, EFCC, failed to establish a prima-facie criminal case against the defendant.

The court upheld a no-case-submission Oronsaye made through his counsel, Chief Kanu Agabi, SAN.

Justice Olasumbo agreed with the defendant that the anti-graft agency failed to establish any element of crime in the seven-count charge it entered before the court.

According to the judge, most of the witnesses gave contradictory evidence in the course of the trial, saying there was no basis for the court to compel the defendant to enter his defence to the charge.

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The judge held: “There was contradictory evidence by the prosecution witnesses on whether the defendant was still the head of service as at the time he chaired the committee.

“The court seems to discredit the evidence, suffice it to say that there is no evidence linking the accused with the statutory element and ingredients of the offence with which he is charged.

“The court of trial must, as a matter of law, discharge him because it has no business scouting for evidence that is nowhere to be found.  I have looked through the case and I am unable to see any justification for this case.  The defendant is, hereby, discharged.”

The prosecution closed its case on November15  after it called a total of six witnesses that testified before the court.

Oronsaye, who was Chairman of the Presidential Committee on Financial Action Task Force, set up by former President Goodluck Jonathan, was first arraigned before the court on two-count charge before the charge was amended to seven counts.

EFCC alleged that he used his position as Chairman of the Committee between 2013 and 2014 to convert the sum of N190m belonging to the committee to his personal use.

In the amended charge, the ex-HoS was accused of criminal breach of trust involving allegations that between 2013 and 2015 he converted the total sum of N382.9m belonging to the committee to his personal use.

EFCC alleged that he sourced the sum of N382.9m from the Central Bank of Nigeria and the Office of the National Security Adviser in the name of the PCFATF and deposited it in a secret account with Access Bank Plc without the knowledge of other members of the committee.

The prosecution alleged that Oronsaye invested the money at nine per cent interest rate in the said secret account which he allegedly opened and operated unilaterally as the sole signatory unknown to other committee members.

It said the only account of the PCFATF known to all members of the committee and which Oronsaye and the then secretary to the committee, Mr. Jalal Arabi (now Permanent Secretary, Presidential State House) were its co-signatories was the one kept with Zenith Bank Plc.