BREAKING: Court discharges, acquits APGA national chairman, Njoku of fraud charges
Justice Mohammed Madugu of the Federal Capital Territory High Court sitting in Bwari has dismissed all forgery charges leveled by the Nigeria Police against the National Chairman of the All Progressives Grand Alliance, (APGA), Chief Edozie Njoku.
On November 22, 2022, the Police charged Chief Njoku and the APGA Youth Leader, Chukwuemeka Nwoga, with conspiring with others at large to overturn a Supreme Court verdict delivered by Justice Mary Peter Odili (rtd).
On Tuesday, Justice Madugu rejected all 14-count allegations brought by the police against the APGA Chairman.
The court ruled that the prosecution had failed spectacularly to prove its case against the defendants due to a “lack of sufficient and credible evidence.”
“I find the 1st defendant, Chief Edozie Njoku and the 2nd defendant, Chukwuma Nwoga not guilty as charged, and therefore they have been discharged and acquitted” said the judge.
The defense lawyer had requested the court to discharge and acquit the prisoners since the police had failed miserably to satisfy the sole burden of proof imposed by law.
The court used the defense counsel’s concerns to assess whether the prosecution had established its case against the defendants beyond a reasonable doubt.
According to section 138 of the Evidence Act, the prosecution is required to establish its case beyond a reasonable doubt.
In his decision, Justice Madugu observed that “it is crystal clear that internal APGA disputes played a significant role in causing the case’s complexity.”
The court stated on the first count that because it is an allegation of criminal conspiracy, the prosecution must establish it with circumstantial evidence.
The prosecution witness, however, failed to offer any evidence linking the defendants to an agreement or conspiracy to commit the claimed offence, according to the court.
“In accordance with section 178 of the penal code, the prosecution did not establish any dishonest intent following the letter Chief Njoku wrote to Justice Mary Peter Odilli, retired