BREAKING: Court discharges ex-President Jonathan’s Aide accused of N1.6bn fraud

Federal High Court in Ikoyi, Lagos has discharged and acquitted Warimapo-Owei Dudafa, a former special adviser to ex-president, Goodluck Jonathan, who was accused of N1.6 billion fraud.

Mohammed Idris, the judge, said the prosecution, the Economic and Financial Crimes Commission (EFCC) failed to conduct a proper and in-depth investigation before charging Mr Dudafa.

Dudafa was charged alongside Joseph Iwuejo, a banker, by EFCC in 2016 for alleged money laundering.

While delivering his judgment on Thursday, Mr Idris said the failure of the antigraft agency to call material and essential witnesses in the case made it appear as if the commission was withholding evidence.

“Criminal allegations, by the strict dictates of our law, is proved and decided upon proof beyond reasonable doubt. Suspicions and conjectures have no place at all in our criminal jurisprudence,” the judge said.
“It is clear upon the facts before this court that the prosecution failed to have this case conclusively investigated before opting to bring this charge against the defendants, apparently on suspicion and conjectures.
“In other words, the prosecution traded in-depth and conclusive investigation of an alleged crime for suspicions and conjectures in arraigning the defendants before this court for the offences alleged.

“Let me reemphasise that although the general rule is that the prosecution is not under a burden to call a particular witness or any number of witnesses, the prosecution, however, has the duty to call material witness, that is, a witness whose evidence would decide the case one way or the other.”

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