Breaking: Plateau State High Court Dismisses Allegations Of Money Diversion On  Dr. Odeh

Yakubu Busari

A  State High Court presided over by Hon. Justice Daniel Longji, has discharged and acquitted Dr. Michael Owoicho Odeh, on Suit No. PLD/j75/2016, filed by the Commissioner of Police, Plateau State Command, against one, Orji Ifeoma Sharon Stella and himself (Dr. Odeh).

The inability of the Prosecution counsel to establish a prima facie case against Dr. Michael Owoicho Odeh by the state court.

“You would recall that, the Prosecution with the leave of Court, preferred a Nine (9) Count charge, ranging from Criminal Conspiracy, Theft, Misappropriation, Criminal Breach of Trust, Received Stolen Property and Concealment of Stolen Property against Orji Ifeoma Sharon Stella and Dr, Odeh which is, punishable under sections 97, 309, 312, 287, 289, 317, 319, 323, and 364 of the Penal Code Laws respectively”.

However, when the matter came up   hearing on the case, the Police called 14 witnesses and tendered Exhibits P1 to P41 and admitted in evidence, while evidence from the accused persons were, Exhibits D1 to D5.

As the hearing process, the Bank Account activities of Dr. Odeh and that of his Hospital El-Roi, were also frozen.

Adding during the  hearing of the Prosecution’s case, the Counsel to the accused persons (1st and 2nd) made a No Case Submissions, to which the Prosecution made a joint reply to the No Case Submissions.

Danboyi (Esq), of Shanding, Danboyi & Co. 7a Suzi Garden Tafawa Balewa Street Jos, Plateau State, Counsel to the 2nd Defendant in his No Case Submissions relating to the Charge No. PLD/J75C/2017, submitted in part that:

“The entire allegations of conspiracy is totally unfounded on unsubstantial suspicion of the nominal complainant, and totally not supported by any evidence.

“Throughout the length and breadth of the nominal complainant’s evidence, he never linked the 2nd Accused person (Dr. Odeh) with the alleged diversion of funds from Choco Condiments Nig. Ltd.

“To further show that this Count of Conspiracy, just like all the other Counts proffered against the 2nd Accused person (Dr. Odeh), are just based solely on the figments of the PW13’s imagination and baseless suspicion, PW6, who is one of the IPO in his evidence”.

However, Hon. Justice Longji, in his Ruling, dated 7th November, 2019, held that, “A No Case Submission may be upheld where:-

1. There is no evidence to prove an essential element of the alleged offence.

1. The evidence adduced has been so discredited as a result of cross-examination, and
2. The evidence is so manifestly unreliable that no reasonable Tribunal or Court can safely convict.

In the case of TANGO vs. C.O.P (2007) 12 NWLR (part 2049) p-the Supreme Court held thus:

“Therefore when a submission of no prima facie case is made on behalf of an accused person the trial court is not thereby called upon at that stage to express any opinion on the evidence before it. The Court is only called upon to take note to rule accordingly that there is before the Court no legally admissible evidence linking the accused person with the commission of the offence with which he is charged”.

And in the case of Okafor vs. State (2016) LPELR—26064 (SC) Sanusi JSC had this to say:

It also must be pointed out at the stage of “No Case Submission” is made, all that the trial Court is supposed to consider is not whether the evidence so far adduced by the Prosecution is sufficient to justify conviction but simply whether the prosecution has made out a prima facie case requiring some explanation from the accused person as regards his conduct or otherwise.

“Accordingly, it is my holding that  Counts l, ll, lll, lV, Vl and Vll of the charge no prima facie case had made out to warrant him (Dr. Odeh) to be called to enter his defence.

From the Ruling of the Court dated 07/11/2019 obtained by REALITY, it is expected that his Bank Accounts would be made active, wherever they may be domiciled.