Yakubu Busari
The Plateau State High Court presided over by Justice Longji has dismissed the no case application of Ex-Governor Jonah Jang, in a suit of an alleged illegal diversion and misappropriation of N6.3-bn, filed by the Economic and Financial Crimes Commission (EFCC).
Justice Daniel Longji, who is retiring from service, ruled that both Jang and his alleged accomplices Mr. Yusuf Pam, has case to answer.
The EFCC has in a 17 count charges, alleged that Jang diverted the sum of N4.3-bn been amount sent by the Central Bank of Nigeria, for empowering youths and women on small and medium enterprises, with another more than N2-bn for the State Universal basic education (SUBEB), among other misappropriation.
The EFCC having presented their witnesses and tendered voluminous documents as evidence, through its lead Counsel Rotimi Jacob SAN, closed it’s case.
However, Jang, Counsels Mike Ezekweme SAN, and Edward Pwajok SAN, filed application seeking the court to rule that the EFCC has no case against the accused persons.
They presented two issues for the court determination thus; wither the prosecution has presented credible evidence, and that wither the evidences were not discredited.
They sought the court to rule in their favour of the 1and 2nd defendants on grounds that EFCC witnesses have failed woefully to prove the allegations of diversion against their clients before the Honourable court. .
However, Justice Daniel Longji, said having gone through all processes of the application and that of the prosecution he considered that the prosecution has established a prime facie, against the accused, and has case to answer..
He ruled that; “the moneys complaint to have been misappropriated, comes from different sources,” and that moneys N4.2-bn from the CBN was meant for beneficiaries of small and medium scale enterprises, of which the director of PLASSMEDAN has sent an account to the CBN, but the money was not used for the purporse it was meant for , contrary to section 311 of the panel code.
“The 1st accused (Jonah Jang), has a case to answer, it is also my candid view that the two accused persons have case to answer.
“However, unfortunately or fortunately I have to transfer the case file to the office of the Chief of the State, for reassigning because I am retirering,” he ruled.
Counsel to Jonah Jang, Edward Pwajok, applied for the court to sustained the earlier bail granted to the accused.
Justice Longji granted the oral application, saying all conditions also subsists, adding that the accused should seek for fresh motion of appeal before the new judge that will take over the case.
Meanwhile…The retired jurist pointed out that allegations was predicted on no case submission of the first and second defendants through their counsels ,they raised two issues for determination which warranted the court to carefully consider the defense counsels to giving meaning of the March, 26th that was presented to them.
I have carefully stand their submission and argument of the two counsels but I am guarded by the aged long tradition not to give out lengthy judgment, in no case submission show that the prosecution didn’t prove grounds for his case.
However, the counsel to EFCC, Rotimi Jacobs, represented by Gideon Azi thanked God for a well consider judgment.
