ABUJA- The Federal High Court in Abuja has dismissed all fraud charges against the former Director General of the National Broadcasting Commission (NBC), Modibbo Ishak Kawu, Pinnacle Communications Limited, and two others over the alleged mismanagement of 2.5 billion naira allocated for the Federal Government’s Digital Switch-Over (DSO) programme.
Delivering judgment on Thursday, Justice Folashade Ogunbanjo-Giwa discharged and acquitted the defendants, ruling that the prosecution failed to prove its case beyond a reasonable doubt.
The Independent Corrupt Practices and Other Related Offences Commission (ICPC) had accused Kawu, Pinnacle Communications’ Chairman Lucky Omoluwa, and Chief Operating Officer Dipo Onifade of violating a government White Paper, which stipulated that only government-owned entities could receive the seed grant. Despite this, Pinnacle Communications, a private company, was awarded 2.5 billion naira.
ICPC witnesses testified that the payment process was suspicious, with one investigator, Osanato Olugbemi, alleging that 47 questionable transactions followed the disbursement, including large sums transferred to private individuals and a Bureau de Change operator.
A witness, Salisu Mamman Daura, stated that he converted part of the funds into U.S. dollars and handed them to an individual on behalf of Pinnacle Communications.
However, Justice Ogunbanjo-Giwa ruled that the ICPC failed to provide sufficient evidence to directly link the defendants to fraud. She noted that key witnesses did not establish a clear connection between the accused and the alleged misappropriation.
The judge also pointed out that the former Minister of Information and Culture, Lai Mohammed who allegedly approved the payment was not called to testify. Furthermore, some witnesses admitted that the minister may have been misled into granting the approval.
In conclusion, the court found that the prosecution had not proven its case, leading to the dismissal of all charges and the acquittal of the defendants.
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