By Onyewuchi Ojinnaka
The Court of Appeal, Abuja division has dismissed the appeal filed by suspended Director General of the National Broadcasting Commission (NBC), Ishaq Kawu, challenging the decision of a Federal High Court, Abuja.
The High Court had in a ruling in a “No case submission” filed by Ishaq Kawu, dismissed the application and held that he has case to answer in the alleged N2.5 billion fraud.
Kawu, with the late chairman of Pinnacle Communications Limited, Lucky Omoluwa, and the chief operating officer of the company, Dipo Onifade, are standing trial before Justice Folashade Ogunbanjo-Giwa over alleged fraudulent payment of N2.5 billion to a company under the digital switch-over project of the Nigerian government.
The Independent Corrupt Practices and Other Related Offences Commission (ICPC), had charged Kawu for “using his position to confer a corrupt advantage to the tune of N2.5 billion.”
The case emanated from the use of a seed grant, which the federal government released to NBC for the digital switch-over project.
According to the ICPC, the acts of the defendants contravene Section 26 (1) (c) of the Corrupt Practices and Other Related Offences Act, 2000, and are punishable under Section 19 of the same law.
The commission submitted that Kawu, in his capacity as the director-general of NBC, allegedly recommended to the Minister of Information and Culture, Lai Mohammed, to authorise the payment of N2.5 billion to the contractors without following due diligence.
The ICPC further submitted that though Lai Mohammed granted the illegal approval, he would only appear as a witness in the case.
Recall that Kawu and the other defendants were arraigned before the Federal High Court, Abuja in May last year but were granted bail after they pleaded not guilty to all the charges.
After the prosecution had preferred its charge against them, Kawu, through his counsel, A. U. Mustapha, filed a no-case submission in December 2019 and asked the court to discharge and acquit him of the charge.
Delivering her ruling in February this year on the ‘no case submission’, Justice Ogunbanjo-Giwa held that the ICPC had established a prima facie case against the defendants.
Not satisfied with the ruling, the defendants then approached the appellate court.
However, according to a statement by the ICPC on Tuesday December 1, the Court of Appeal in Abuja dismissed their no-case submission.
The appellate court held that they have an explanation to give over the payment of the N2.5 billion to a private company.
With this appellate court’s ruling, the trial of the suspended NBC boss and others will now continue at the Federal High Court in Abuja at a date yet to be announced by the court.
