Godwin Tsa, Abuja
The Abuja division of the Federal High Court on Wednesday dismissed a criminal charge against former Comptroller General of the Nigeria Customs Service (NCS), Abdullahi Inde Dikko, and two others filed by the Independent Corrupt Practices and other related offences Commission (ICPC).
The dismissal followed an application by the prosecution counsel, Ebenezar Shogunle, to withdraw the charge against the defendants.
His application was not opposed by defence counsel including Chief Solo Akuma, SAN, Mahmud Magaji, SAN, and Yakubu Maikyau, SAN.
In her ruling, Justice Ijeoma Ojukwu dismissed the charge in line with Section 108 of the Administration of Criminal Justice Act (ACJA) 2015.
The prosecution predicated his oral application on the ground that despite a bench warrant issued on Dikko, who has not attended court since the charge was filed early last year, the prosecution has been unable to arrest him and produce him in court.
According to him, ‘at the last adjourned date, the 1st defendant (Dikko) was conspicuously absent and court-mandated the prosecution to locate his whereabouts.
‘Sequel to that, we wrote to Nigeria Immigration Service who replied that they have no record of his travelling neither in or outside the country between January till date. We have filed an affidavit of compliance and attached a letter from the NIS to it. This matter having spent some time already, we are convinced 1st defendant is a fugitive of the law and we are taking necessary steps to apprehend him. Whenever that is done, we will bring him to face the law. In the circumstances, we are applying to withdraw the charge in line with section 108 of AJCA.’
Dikko was named with two others – a former Assistant Comptroller-General of Customs in charge of Finance, Administration and Technical Services, Garba Makarfi and Umar Hussaini, a lawyer and owner of Capital Law firm – as defendants.
Dikko, Makarfi and Hussaini were, among others, accused of inducing the Managing Director of Cambial Limited, Yemi Obadeyi, to pay N1.1 billion (N1,100, 952,380.96) into the account of Capital Law Office as a refundable “completion security deposit” for the purchase of 120 units of duplexes as residential accommodation for officers of the Nigeria Customs Service (NCS).
Hussaini was said to have distributed the money into various other bank accounts and for his part in the deal, he was rewarded with the sum of $3 million.
Before now, the case has been dogged with protracted delay occasioned by the continued absence of the former Customs boss.