Court dismisses ₦2.5bn fraud charges against ex-NBC DG Kawu, others
The Federal High Court in Abuja, on Thursday, dismissed the charges against the former Director General of the National Broadcasting Commission, Modibbo Ishak Kawu, Pinnacle Communications Limited, and two others in the alleged mismanagement of N2.5 billion allocated for the Federal Government’s Digital Switch-Over programme.
The presidency suspended Kawu in 2020.
Justice Folashade Ogunbanjo-Giwa, delivering the judgment, discharged and acquitted the defendants of all five counts of fraud filed against them by the Independent Corrupt Practices and Other Related Offences Commission.
The other defendants in the case were Lucky Omoluwa, Chairman of Pinnacle Communications Limited, and Dipo Onifade, its Chief Operating Officer.
The ICPC had alleged that the defendants violated a government White Paper governing the DSO programme, which specified that only government-owned entities were eligible for the seed grant. Despite this, Pinnacle Communications, a private company, received N2.5 billion.
During the trial, ICPC presented witnesses who testified about alleged irregularities.
Osanato Olugbemi, an ICPC witness, claimed that the payment to Pinnacle Communications was suspicious and that investigations uncovered secrecy in the processes leading to the disbursement.
He also alleged that 47 questionable transactions were originated by the Chairman of Pinnacle Communications immediately after the receipt of the funds on June 2, 2017.
He added that the transactions included significant payments to individuals and a Bureau de Change operator.
The transactions included payments of N363 million to one Idowu Olatunde, N274.4 million to one James Segun and N127 million to Dipo Onifade, the Chief Operating Officer of the company.
He informed the court that Omoluwa refused to explain the reasons for the payments to some of the private accounts but one of the witnesses explained that he received the N127 million as legal fees he rendered to Pinnacle Communications Limited.
A Bureau de Change operator, Salisu Mamman Daura, testified that he converted large sums into U.S. dollars and handed them over to an individual on behalf of Pinnacle Communications.
He testified that he received N167 million in two installments of N97 million and N70 million respectively from Pinnacle Communications Limited.
Daura added that the sums were converted “into $265, 000 and $195, 735 respectively, at the rate of N360 to an American dollar, and handed in cash to one Alhaji Sabo, supposedly on behalf of Pinnacle Communications”.
However, in her judgment, Justice Ogunbanjo-Giwa ruled that the prosecution failed to prove its case beyond reasonable doubt. She noted that, “The witnesses’ statements did not directly link the defendants to the alleged fraud”.
She also said ICPC did not tender any documentary evidence to corroborate its claims.
She held that the former Minister of Information and Culture, Lai Mohammed, who allegedly approved the payment under questionable circumstances, was not called to testify.
The judge also pointed out that some witnesses admitted in court that the minister may have been misled into approving the payment.
Justice Ogunbanjo-Giwa concluded that the prosecution failed to establish the charges against the defendants and proceeded to dismiss the case, declaring the defendants “discharged and acquitted.”
