The Economic and Financial Crimes Commission (EFCC) took a significant step forward in the ongoing N3.1 billion fraud case against the former Governor of Benue State, Gabriel Suswam, on Wednesday, May 14, 2025, by presenting its ninth and final prosecution witness before the court.
This development signals the conclusion of the prosecution’s presentation of evidence in a case that has garnered considerable public attention.
Gabriel Suswam, who served as governor of Benue State, and his former Commissioner of Finance, Omodachi Okolobia, are jointly facing an amended 11-count charge brought forth by the EFCC. The charges revolve around allegations of the unlawful diversion of a substantial sum of public funds, specifically amounting to N3.1 billion (Three Billion, One Hundred Million Naira).
According to the EFCC, this significant amount represents a portion of the proceeds generated from the sale of shares owned by the Benue State government and held by Benue Investment and Property Company Limited.
At the court proceedings held on Wednesday, the prosecuting counsel, A.O. Atolagbe, formally announced to the court that the prosecution was concluding its case with the testimony of the ninth witness, designated as PW9. This declaration marked the end of the prosecution’s phase of presenting witnesses and evidence to substantiate the charges against the former governor and his co-defendant.
The decision to finalize the prosecution’s case after the testimony of PW9 was influenced by the unfortunate inability of the previously listed tenth prosecution witness, Mrs. Shiedu Awade, to appear before the court due to illness. The ninth prosecution witness, PW9, who is an investigator with the Economic and Financial Crimes Commission, provided crucial testimony to the court. During his examination-in-chief, he informed the presiding judge that the anticipated tenth prosecution witness, Mrs. Shiedu Awade, who held the position of a former cashier and executive officer at Benue Investment and Property Limited, had been hospitalized at the National Hospital in Abuja. This unforeseen circumstance rendered her physical appearance in court impossible, leading the prosecution to conclude its case with the evidence presented by PW9.
Following the prosecution’s announcement of the closure of its case, the legal counsels representing the defendants responded to the development. C.E. Ugbozor, the counsel for the first defendant, Gabriel Suswam, and Paul Erokoro, SAN, the counsel for the second defendant, Omodachi Okolobia, both informed the court of their intention to file a “no case submission.” This legal maneuver argues that the prosecution has failed to present sufficient evidence to establish a prima facie case against their clients, and therefore, the defendants should not be required to present a defense.
In light of their intention to file a “no case submission,” the defense counsels requested a period of 14 days to prepare and submit their arguments to the court. In response, the prosecution sought a period of 21 days to review the defense’s submission and file a counter-response.
After considering the requests from both the prosecution and the defense, Justice Lifu, the presiding judge, adjourned the matter to June 24, 2025. The scheduled date is for the adoption of the defense’s “no case submission,” during which the legal arguments will be presented and considered by the court. This adjournment sets the stage for the next critical phase of the trial, where the court will determine whether the prosecution has presented enough credible evidence to warrant the defendants to present their defense. The outcome of the “no case submission” will significantly influence the future trajectory of this high-profile fraud case.