“High Court Dismisses N7.74 Billion Fraud Charges Against Kenny Martins and Co-defendants”
A High Court of the Federal Capital Territory (FCT) in Abuja has once again dismissed the N7.74 billion fraud charges brought against Lagos businessman Kenny Martins and three others by the Economic and Financial Crimes Commission (EFCC). The charges, initiated in 2018, were thrown out on Tuesday by Justice Modupe Osho-Adebiyi, who deemed them frivolous and without merit.
The 3-count charges, prosecuted by the Chambers of Festus Keyamo, alleged conspiracy, criminal breach of trust, criminal diversion of funds, and forgery of documents against the defendants. However, the judge held that the prosecution failed to provide cogent and verifiable evidence to support the allegations.
Specifically, the court found that the EFCC did not establish how funds retained by the defendants as their 10 percent commission from the Police Equipment Foundation (PEF) constituted fraud, as there was a clear Memorandum of Understanding (MoU) with the federal government regarding the matter. Additionally, the judge ruled that the removal of the commission from one of the PEF’s bank accounts did not breach trust, as there was no specific order in the MoU regarding which account the commission should be deducted from.
The defense, represented by Joel Bankole Akomolafe SAN and Johnny Ucheaga, provided evidence of how the funds were raised and utilized for the purchase of vehicles for security agencies, in accordance with government directives. They argued that the charges were unfounded and should be dismissed.
In delivering the judgment, Justice Osho-Adebiyi emphasized that the prosecution failed to refute the overwhelming evidence presented by the defense regarding the proper use of the funds. She also noted that the prosecution did not call key witnesses or present testimony pointing to fraud.
The dismissal of the charges comes after a protracted legal battle, which saw previous court decisions overturned by higher courts. The defendants have been discharged and acquitted, bringing an end to the legal proceedings against them in this matter.
