EFCC had on November 30, 2020 re-arraigned Lawal along five others before Justice Charles Agbaza of the Federal Capital Territory High Court, Jabi.
A Federal Capital Territory High Court on Friday discharged a former Secretary to the Government of the Federation, Mr Babachir Lawal, and five others from the N544 million Contract Fraud offence brought against them by the Economic and Financial Crimes Commission (EFCC).
EFCC had on November 30, 2020 re-arraigned Lawal along five others before Justice Charles Agbaza of the Federal Capital Territory High Court, Jabi.
His younger brother, Hamidu David Lawal was arraigned together with Sulaiman Abubakar, Apeh John Monday and two companies, Rholavision Engineering Ltd and Josmon Technologies Ltd as co-defendants in the suit.
Their re-arraignment before Justice Agbaza followed the demise of the former trial judge, Justice Jude Okeke of the Federal Capital Territory High Court, Maitama, Abuja.
The defendants were arraigned on amended 10-count charge, bordering on diversion of funds, criminal conspiracy and official corruption to the tune of N544 million.
One of the charges read, “That you, Engineer Babachir David Lawal, while being the Secretary to the Government of the Federation (SGF) and a director of Rholavision Engineering Ltd on or about the 22nd August 2016 at Abuja, in the Abuja Judicial Division of the High Court of the Federal Capital Territory did knowingly hold indirectly private interest in the contract awarded to Josmon Technological Ltd but executed by Rholavision Engineering Ltd for the removal of invasive plant species and simplified irrigation to the tune of N258,132,735.99 (Two Hundred and Fifty-eight Million, One hundred and Thirty-two Thousand, Seven Hundred and Thirty-five Naira, Ninety-nine kobo) only, by the office of the Secretary to the Government of the Federation (OSGF) though the Presidential Initiative for North East (PINE) and thereby committed an offence punishable under Section 12 of the Corrupt Practices and Other Related Offences Act, 2000.”
The former SGF and five others pleaded 'not guilty' to the charges setting ground for trial.
Delivering judgment in the suit on Friday, after two years of legal tussle, the Court held that the anti-graft agency failed to establish a case against the Defendants.
Ruling on a no-case submission made by Babachir Lawal, Justice Agbaza held that the EFCC said that no ingredients of any offence were made out by the 11 witnesses that testified for the Commission.
The judge held that EFCC did not establish that Babachir Lawal was either a member of the Presidential Initiative for North East that awarded the contract, or a member of the Ministerial Tenders Board that vetted and gave approval to the disputed contract.
The court also held that the anti-graft agency failed also to link Babachir Lawal with the Bureau of Public Procurement (BPP) that issued a certificate of no objection to the contract before it was awarded.
Consequently, the court discharged and acquitted all the defendants in the 10-count criminal charges against them for want of evidence to link them with the purported offences.