Hon. Justice Rilwan Aikawa held the anti-graft agency failed to establish any prima facie case against Usoro that could warrant him to enter a defence.
The judge made the decision while ruling on Usoro’s “no case” submission.
He noted that the penal code, under which the NBA chieftain was charged, is not applicable to southern states, i.e Lagos and Akwa-Ibom, which were said to be the locations of the alleged offences.
“On the whole, I hold that the prosecution has failed to establish any prima facie case.
“Accordingly, the defendant is hereby discharged and acquitted,” Justice Aikawa held.
The FHC found as facts the following:
1. that there was no evidence that any money belonging to the Akwa Ibom state government was stolen or missing.
2. That the investigation by EFCC was shoddy and inconclusive.
3. That there was no offence known as criminal breach of trust under the Lagos and Akwa Ibom states laws.
4. That the pw1 and pw2 contradicted themselves on material points, as they admitted that the defendant was not aware that the funds paid into his accounts were part of proceeds of unlawful act.
5. That the prosecution of the defendant was unnecessary and uncalled for.
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