A Federal High Court sitting in Lagos has dismissed the no case application filed by a Senior Advocate of Nigeria, Mohammed Dele Belgore and former minister of national planning Professor Sulaimon Abubakar.
Justices Rilwan Aikawa on Thursday held that in view of the overwhelming evidence adduced by the prosecution it will be better to apply a probative value to the evidence of the prosecution witness to be determined on its merit.
"I have read all the erudite submission of the respective counsel in support and in opposition to the no case application. I have formed an opinion that the first and second defendant has case to answer.
Consequently, the no case application is hereby dismissed and defendants should proceed to open their defense.
However, counsel to Belgore, Mr. Seni Adio a Senior Advocate of Nigera informed the court that his client has an application asking the court to compel the prosecution to front-load the 2nd additional statement made by Dele Belgore on the 28th of March, 2017 that wasn't in the proof of evidence served on the defendants.
In a vehement opposition counsel to the Economic and Financial Crimes Commission, EFCC Rotimi Oyedepo said that the application filed since the 16th of January and was just served in court today is intended to delay this trial.
" The application is a gross abuse t of court process because the prayers contain there have been dealt with in the ruling on no case application of the first defendant, therefore, My Lord should strike it out.
Justice Aikawa was of the view that proper counter affidavit should be filed in opposition to the application to controvert the issue of facts raised.
The defendants were arraigned by the EFCC last year over allegations that they received the sum of N450m from the former minister of Petroleum Resources, Mrs Diezani Alison Madueke which the anti-graft agency described as a proceed of crime.
The defendants, however, pleaded not guilty to the seven counts charge pressed against them by the anti-graft agency.
The Judge later adjourned to 30th of April, 2018 for the hearing of first defendant's application.