A High Court of the Federal Capital Territory (FCT), Abuja has discharged and acquitted a United Kingdom-based doctor, Reuben Olu Obaro and his wife Mrs Ayodele Obaro (a nurse) charged with diverting funds meant to build and equip hospital in Abuja.
The Independent Corrupt Practices and other related offences Commission (ICPC) had, in an eight-count charge, accused the couple of misappropriating N186million out of the N450m seed grant given to them under the Subsidy Reinvestment and Empowerment Programme (Sure-P) in aid of hospital project.
The ICPC claimed, in the charge marked: CR/92/2018 that the money was a granted for the construction and purchase of equipment for the planned Stephen James Stroke Centre of Excellence in the Gudu District of the FCT, Abuja.
But in a ruling, Justice A. O. Ebong upheld the no-case submission made for the defendants by their lawyer, J. N. Egwuonwuon, on the grounds that the prosecution failed to establish a prima facie case to warrant the defendants being called to enter a defence.
Justice Ebong held that the evidence presented by the prosecution through its five witnesses is so unreliable that no reasonable court of law can convict anybody based on it.
He added that the ICPC failed to prove beyond reasonable doubt, ingredients of the offences of conspiracy, misappropriation and giving false information, with which the couple was charged.
The judge held that the conspiracy charge against Mrs. Obaro and Stephen James Stroke Centre was inconceivable, because the hospital, being an artificial body, has no mind of its own and as such could not conspire with human being to commit fraud.
He faulted ICPC’s approach to investigating the case and noted that none of the documentary and oral evidence led by the prosecution supported its claim that the seed grant was strictly for the hospital project.
Justice Ebong dismissed the prosecution’s claim that Mrs Obaro purchased a Prado Jeep from the seed grant, noting that the bank statement it tendered revealed that the couple had personal funds in the said account and as such the ICPC cannot safely claim that the vehicle was purchased from the seed grant.
He said: “I find no evidence to support the eight count charges against the defendants and I pronounced them not guilty of the charges but I like to say that it does not appear that there was any reasonable ground to have filed the charges against the defendants.
“The petition by one Musa Dankano, which led to the charge, made no complain against the defendants, but against staff of Sure-P Secretariat.
“There is also no report from any government agency indicting the defendants for mismanaging the grant.
“This sort of dubious and frivolous attack on the character and reputation of renowned persons like the defendants cannot help the federal government to get deserved foreign investors it is yearning for.
“Our investigators and prosecuting agencies should have a rethink on how they go about exercising their power so as not to inflict injuries on the citizens through malicious damage.”
