*Orders husband, company to respond to two of the
charges
Mrs Stella Aziboala, wife to a cousin of former
President Goodluck Jonathan, was on Thursday discharged of all the nine count
charges leveled against her, by the federal government.
Her husband, Robert Aziboala was however not as
lucky as the the Federal High Court, Abuja trying them over corruption
allegations ordered that he open his defence in two of the 9 count charge.
Trial judge, Justice Nnamdi Dimgba, in discharging
Stella, in respect of counts 2 and 3, held that, "Just because Mr. Azibola
is a spouse of the 2nd defendant, is not enough to charge her. Criminal
liability is personal; it is not vicarious".
The Economic and Financial Crimes Commission had in
2016, preferred a 7-count charge against Aziboala, his wife, Stella and their company, One Plus Holding Ltd, over an allegation that
they received $40m contract from the embattled former National Security
Adviser, Col Sambo Dasuki.
The prosecution closed its case, after calling 10
witnesses who testified against the defendants.
But the defendants, responding through their
counsel Chris Uche, SAN filed a no-case-submission, insisting that the FG had failed to establish
a prima-facie case that would warrant them to enter defence.
Justice Dimgba, ruling on the no-case-submission,
yesterday, held that Aziboala (1st defendant)
and his company, One Plus Holding Ltd (3rd defendant) have explanation
to make in respect of counts 2 and 3 and subsequently ordered them to respond
to the charges.
In count 2 and 3, Robert Aziboala and his
company, One Plus Holding Ltd were
accused of being in possession and conversion of the sum of $40m received from
Office of the former National Security Adviser, Sambo Dasuki into personal use.
It was claimed that the $40m Dollars released from
the Office of the former NSA to Aziboala and One Plus Holding Ltd was meant for
the procurement of tactical communication kits.
"By the exhibits, the sum of $40m was sent to
the 3rd defendant purportedly for the supply of tactical communication kits for
Special Forces on the instruction of former NSA, Col Sambo Dasuki.
"But there was no evidence that any such thing
was supplied even though there were some suggestions in exhibits that the sum
was for some other security assignments.
"In the absence of any evidence for the supply
of the tactical communication kits, the consideration for the transfer of the
$40m needs to be established.
"I do not therefore believe that the
no-case-submission should succeed in relation to these counts.
"However, appraising the evidence adduced in
respect of count two and three, I am of the view that the evidence can only
support a prima facie case against the 1st and 3rd defendants.
"On the whole, there is sufficient prima-facie
case made out by the prosecution against the 1st and 3rd defendants. The
no-case-submission in respect of these two counts is refused, the court held.
Justice Dimgba, however, absolved Robert and his
company of any wrongdoing in counts 1,4,5,6,7,8, and 9.
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