0
The High Court of the Federal Capital Territory has discharged and acquitted Princess Carol Ngozi, Chief Executive Director of Carolina Luxury Homes Ltd, and the company over a 30-count fraud charge filed against them by the Economic and Financial Crimes Commission (EFCC).
Delivering judgment in the matter, Justice A.A. Fashola held that the prosecution failed to establish a prima facie case against the defendants and consequently entered a finding of not guilty in their favour.
“Pursuant to Section 302 of the Administration of Criminal Justice Act, 2015, this honourable court holds the view that the prosecution failed to make out a prima facie case against the defendants. Consequently, this honourable court hereby records a finding of not guilty in respect of the defendants herein. The two defendants are hereby discharged and acquitted,” the judge ruled.
The defendants were initially arraigned before Justice Hamza Muazu in 2021 and were subsequently re-arraigned before Justice Fashola on March 16, 2023, on a 30-count charge filed by the EFCC on August 5, 2021.
They pleaded not guilty to the charges and the matter proceeded to trial.
According to information presented during the proceedings, although the EFCC listed 41 witnesses in support of its case, only one witness testified. The court was also informed that NAIJAONPOINT did not tender documentary evidence in support of the allegations.
The matter was adjourned on several occasions to enable the prosecution continue with its case.
Following the judgment, some individuals and groups welcomed the court’s decision, describing it as a reaffirmation of the judiciary’s role in safeguarding the rights of citizens.
A legal practitioner who reacted to the judgment said the outcome reflected the prosecution’s inability to substantiate the allegations before the court.
“The judgment speaks for itself. The court found that a prima facie case had not been established against the defendants. It is important that prosecuting agencies ensure that matters brought before the courts are supported by sufficient evidence,” the lawyer stated.
Also reacting, the Mission for Peace and Development Initiative (MPDI), a civil society organisation based in Abuja, commended the judgment, describing it as a development that had strengthened public confidence in the judiciary.
In a statement signed by its Director of Publicity, Ogah Columba, the organisation praised the High Court for what it described as its commitment to justice and due process.
The group expressed concern over the manner in which the case was prosecuted and argued that the outcome underscored the need for investigative and prosecutorial agencies to ensure that criminal charges are backed by credible evidence.
“It is disheartening to witness a situation where criminal allegations brought before the court could not ultimately be substantiated. Institutions of government must always act within the bounds of the law and in accordance with the principles of fairness and justice,” the statement said.
According to the organisation, the fact that only one witness testified despite the number of witnesses initially listed by the prosecution raised questions about the handling of the case.
“From the judgment, we observed that although the EFCC listed 41 witnesses, only one testified and no documentary evidence was tendered in support of the allegations. We believe this outcome highlights the importance of thorough investigation and diligent prosecution of criminal matters,” the group stated.
The organisation further claimed that the prolonged legal proceedings had adversely affected the defendants, particularly the first defendant, whose business and reputation it said suffered during the pendency of the case.
It maintained that the acquittal vindicated the defendants and commended the judiciary for what it described as an impartial determination of the matter based on the evidence presented before the court.
