FORMER Director-General of the National Gallery of Art (NGA), Chief Joe Musa and three others were discharged and acquitted by a High Court in Abuja from further answering allegations of misappropriation of N800 million.The other accused discharged are Mr. Olusegun Ogunba, former Director of Finance; Mrs. OparaguElizabeth, Deputy Director Finance and Mr. Kweku Tandoh, Director of Research.Delivering ruling on the no-case application filed by the accused, Justice Adeniyi Olukayode held that the Economic and Financial Crimes Commission (EFCC) failed to establish 'prima facie'' against the accused.'Mere allegation, no matter how believable, does not amount to proof required in law to establish such allegations.'An examination of the documents tendered does not also provide the required proof to link the accused with the alleged crime.As I conclude, it is perhaps pertinent to observe that the totality of the submissions of the prosecution of the learned counsel suggests to me, the exact opposite of the requirement of the law.'The learned counsel misconceived the basic constitutional presumption of innocence in favour of the accused persons, by tending to suppose that it is for the accused persons to prove their innocence, rather than for the prosecution to prove their guilt beyond reasonable doubt.'The totality of the evidence offered by the prosecution, in attempting to prove their case, by my respectful estimation; and to say the least, is not worth the time and resources wasted in going through these proceedings for over two years.'I can best describe the totality of the story put together by the nine prosecution witnesses as mere gossips and idle talk which are only peddled at beer parlours and street corners, '' the Judge stated.Olukayode said that the legal consequence of a successful submission of no case to answer was that such a discharge 'is equivalent to an acquittal and a dismissal of Charge on the merit''.'Perhaps I should further state that I have refrained from delving into the cross-examination of the nine prosecution witnesses; I consider this needless because the prosecution has failed to provide any evidence to prove the essential elements of the offences for which the accused have been charged,'' he said.'They ought not to have stood this trial in the first place, if the evidence on record was all the prosecution had to offer.'For this reason I hereby preclude all of them from entering upon their defence and accordingly, I hereby discharge each and every one of the first, second, third and fourth accused persons of the entirety of the Charge preferred against them,'' the Judge stated.Mr Wemimo Ogunde (SAN), counsel to the first and second accused applicants (Musa and Ogunba) had on July 28 urged the Court to discharge the accused on the grounds of inability of the prosecution to prove the allegations made against his Clients.He had said that the charge brought against the accused persons were drafted out of the prosecution's figment of imagination.Kolawole Olowookere representing Ogunde said that his clients deserved to be freed from the allegation because none of the prosecution witnesses indicted them of embezzling the funds.Mr Steve Odiase, counsel to EFCC, however, countered the arguments of the counsel to the first and second applicants.He had stated the charge brought by the EFCC sufficiently established a 'prima facie'' against all the four accused standing the trialThe EFCC had said the alleged offences were punishable under Section 309 of the penal Code Cap 532 of the Laws of the Federation ofNigeria.Speaking to newsmen after the proceeding, Musa expressed delight to the impeccable manner the Judge handled the matter, adding that ``the Court is indeed the last hope of a common man''. (NAN)
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