Alleged N3.1bn Fraud Case: Judge Fumes At Ex-Gov Suswan’s Lawyers’ Long Delay Opening Defense

The trial of former Benue State Governor Gabriel Suswan before Justice Peter Lifu of the Federal High Court, sitting in Abuja, was on Monday, stalled due to defendant’s inability to commence his defence.

Suswan, alongside his then Commissioner of Finance, Omodachi Okolobia, is facing prosecution by the Economic and Financial Crimes Commission, on amended 11-count charges for allegedly diverting N3.1bn, being part of proceeds from the sale of the Benue State shares, held on its behalf by the Benue Investment and Property Company Limited, through Elixir Securities Limited and Elixir Investment Partners Limited.

Justice Lifu had on Wednesday, July 23, 2025, dismissed a no-case submission made by Suswan on the matter, ordering him to commence his defence.

Suswan, through his counsel, J.B Daudu, SAN, asked the court for three weeks’ adjournment to enable him to prepare for his defence.

According to him, one of his lawyers, Chenelu Ogbozor is currently on hospital admission as well as the fact that he has filed an appeal against the ruling of the trial court in his no-case submission and urged the trial court to hold on until the determination of the appeal.

The prosecution counsel, A.O. Atolagbe, in his response, urged the court to discontenace the prayer of the defence, stating that the annual recess of the courts provided it with more than two months opportunity to prepare for the defence.

“We have more than two months to prepare for the defence. In fact, this case has been up for 10 years, and they have more than 10 years to prepare for defence.

“We can not wait for the Court of Appeal and ask that the trial court wait. Except in a case where the Court of Appeal gives a date and gives a ruling, that is when this court can be bound by this.

“But this court can not stall proceedings because of that application. We ask that the trial court discountenance this. My lord, it is unfair for them to ask for three weeks, the defence had more than three months during the break to prepare for their case,” he said.

Justice Lifu regretted the slow progress of the trial, noting that the trial has dragged for more than 10 years and urged both parties to work towards its conclusion.

He stated that “This morning when I came, I was searching for the file of this case and I couldn’t find it. In fact, until now, I have not set my eyes on the application of the Court of Appeal you are talking about. I had to send my people to go to the appeal registry of the court to look for the file only to see the case file scattered and littered all over the place.

”It was the reason why I came here late. We cannot go on like this, this case has been on for 10 years. No matter what, a case should not go on for 10 years,”

He adjourned the matter till October 10, 2025 for Suswam to commence his defence.