N1.4B FRAUD: Why Court Discharged, Acquitted Ex-NBA President Usoro

The Economic and Financial Crimes Commission (EFCC), had filed a N1.4 billion money laundering charge on Usoro,

The presiding judge, Justice Rilwan Aikawa, discharged his case on the ground that the Economic and Financial Crimes Commission(EFCC), failed to establish a prima facie that could warrant Usoro enter a defense.

The defendant on December 18, 2018 appeared before Justice Muslim Hassan on a 10-count charge. He pleaded not guilty to all the charges.

The case was transferred and Usoro was subsequently re-arraigned before Justice Aikawa on a charge marked FHC/418c/18, which alleged that he committed the offence on May 14, 2016.

Others mentioned in the charge, were Commissioner for Finance(Akwa Ibom state), Nsikan Nkan; Accountant-General of Akwa Ibom State, Mfon Udomah; the Akwa Ibom Attorney-General, Uwemedimo Nwoko, Margaret Ukpe, and Governor of Akwa Ibom State, Emmanuel Udom who was described as being "currently constitutionally immune from prosecutionÔÇØ.

However, on July 17, 2020, a court of Appeal in Lagos state, struck out four of the 10-count N1.4 billion money laundering charge which particularly alluded to the governor's involvement in the alleged crime, thereby excluding him from the proceedings.

In what was left of the charge, Usoro was alleged to have conspired to convert the sum of N1.4 billion, property of Akwa Ibom State Government, which sum they reasonably ought to have known formed part of the proceeds of an unlawful activity.

In his testimony before the court, an EFCC investigating officer Abdulrahman Arabo said that Udom hired Usoro who, in turn, invited other SANs to join him at the Election Tribunal where his victory was being challenged in 2015.

A witness presented by the EFFC, also testified the sum of N1.4 billion legal fee paid to the SANs was drawn from the treasury of the Akwa Ibom State's account which Usoro denied being involved in.

At the resumed hearing on Friday, July 16, Justice Aikawa gave his judgement on the ground of a 'no case' submission

Aikawa mentioned that the penal code, under which Usoro was charged, is not applicable to southern states; Lagos and Akwa-Ibom, which were said to be the locations of the alleged offences.

"On the whole, I hold that the prosecution has failed to establish any prima facie case.

"Accordingly, the defendant is hereby discharged and acquitted,ÔÇØ Justice Aikawa ruled.