The High Court of the Federal Capital Territory, sitting in Maitama, Abuja has yesterday dismissed and acquitted the Ex-House of representative member, Nze Chidi Duru on the four count charge, dwelling on alleged diversion of N16. 2M.
Justice Peter Affen of the FCT High Court who presided over the case said the charges were filled in defiance of a pending interlocutory order, made last year by Justice Gabriel Kolawole of the Federal High Court, Abuja. He therefore, said it constitutes an Abuse of Court process.
Justice Affen also stated that it was wrong for the Economic and Financial Crimes Commission (EFCC) to ignored the order of Justice Kolawale and proceeded to initiate criminal charges against Duru.
He further blamed the argument by the prosecution that the charges were not based on the FGPL “Draft Target Examination Report,” produced by the National Pension Commission (PENCOM), which had been nullified by July 2012 judgement of Justice D. U Okorowo of the Federal High Court
. He therefore, said there was no evidence to show that EFCC conducted fresh investigation on the case as claimed.
It can be recurred that Justice Affen had in February, 2017 reserved ruling on the preliminary objection praying the court to declare that the charge pressed against Duru by EFCC was an abuse of court process.
Duru, founder of the First Guarantee Pension Limited was standing trial on a four count charge bothering on fraud, falsification of document and money laundering to the tune of N16. 2M brought up against him by EFCC.