THE CABLE
Abubakar Kutigi, judge of a federal capital territory (FCT) high court, has chastised the Economic and Financial Crimes Commission (EFCC) for filing “frivolous” charges against Mohammed Bello Adoke, former attorney-general of the federation (AGF) and minister of justice.
At the court session on Thursday, Kutigi upheld the no-case submission filed by Adoke and dismissed the charges of fraud, bribery and conspiracy against the former minister on the grounds that the EFCC failed to adduce credible evidence to prove the allegations contained in the charge.
Although the judge commended the prosecution for conceding that it did not have sufficient evidence to oppose the no-case application by Adoke, he criticised the anti-graft agency for wasting four years prosecuting the case.
The judge added that the defendants ought not to have been charged in the first instance.
The judge further noted that a charge must not be filed just for the purpose of filing, adding that a frivolous charge does damage to the judicial system.
“It is argued that people can be arrested circumstantially,” the judge said.
“But every trial, more so, a criminal trial is a different ball game which must be undertaken with utmost care and attention to details, particularly, the quality of the evidence and availability of witnesses.
“It cannot be right or fair, that in this case, for example, nearly about 30 counts in the case involving forgery, the documents subject to these counts were not presented in evidence and material evidence led to situate the elements of forgery.
“If as stated by the lead investigator, PW10, that they demanded for about 37 documents from the CAC but only a few were made available, this then begs the question, why a charge will be filed involving those documents the prosecution does not have access to?
“I must therefore make the point that the whole trial process whatever its inherent imperfection is entirely evidence driven, evidence which requires quality and probative value.
“This is so whether it is at this stage of situating a prima facie, as in the present situation, or at the point of determining guilt, or otherwise of the defendants.
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