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A Federal High Court in Abuja on Thursday granted in part, the no-case submission made by a cousin to former President Goodluck Jonathan, Robert Azibaola, his wife, Stella and their company – One Plus Holdings Nigeria Limited – in their trial for allegedly receiving $40million fraudulently from the Office of the National Security Adviser (ONSA) in 2014.
Justice Nnamdi Dimgba upheld the no-case submission in seven of the nine- count charge contained in the amended charge and struck out Stella’s name from the charges after discharging her.
The affected counts are 1, 4, 5, 6, 7, 8, and 9.
In striking out the seven counts, the judge said there was no sufficient evidence to warrant the call for the defendants to enter defence in relation to the charges.
The judge retained two counts – 2 and 3 on the grounds that the prosecution had sufficient evidence linking Azibaola and the company to the charges, but failed to connect the wife to them.
The judge said: “On the strength of the evidence adduced, I see no sufficient evidence linking the 2nd defendant (Stella) to counts 2 and 3. I therefore accordingly discharge and acquit the 2nd defendant of counts 2 and 3.
“I hold that there is sufficient prima facie case against the 1st and the 3rd defendants. The no case-submission on these counts failed in relation to them and I therefore accordingly direct the 1st and 3rd defendants (Azibaola and One Plus) to open their defence to counts 2 and 3.”
According to the prosecution, count 2 has to do with the defendants “directly taking possession or control of $39,999,958, which they received from the NSA office as allegedly instructed by the then NSA, Col. Sambo Dasuki (retd).
While in count 3, the defendants were accused of directly converting the said funds to their personal use.
