Delivering the ruling, which came by an application for a no-case submission, Justice Olukayode Adeniyi held that the law placed a duty on the prosecution to prove the essential elements of the offence to make out a prima facie case.The court ruled regarding counts one, three and five, that the prosecution failed to prove Mr Gwarzo had a private interest in any contract, agreement, or investment that emanated from SEC between 2016 and 2017.
The court also held that in respect of counts two, four and six, on the allegation that the defendant conferred an unfair and corrupt advantage on himself, the prosecution witnesses admitted, during cross-examination, that neither the defendant nor his relatives benefitted from the said contracts or awards.
The prosecution witnesses also admitted that they did not investigate the procedure for award of contracts in SEC. The court, in conclusion, held that the prosecution had not made any case to warrant an invitation to the defendant to enter his defence.In the same line, the court also discharged the second defendant, Jamila Muhammad, a principal manager with the National Identity Management Commission, arraigned alongside Mr Gwarzo on the remaining eight counts, which referred solely to her.
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