By Favour Aliyu
A Federal High Court sitting in Abuja has cleared the former Director General of the Securities and Exchange Commission (SEC), Mounir Gwarzo, of any corruption allegation as it upheld a no case submission filed by him.
The Independent Corrupt Practices and Other Related Offences Commission (ICPC) had arraigned Gwarzo who was suspended from office, and Jamila Muhammad, before Justice Olukayode Adeniyi on charges bordering on gratification and abuse of office.
However, in the ruling, Justice Olukayode discharged Gwarzo on all six counts charges filed against him, and the second defendant, Jamila Muhammad.
Gwarzo who then was the head of SEC, was alleged to have held a private interest as a director and shareholder of Outbound Investment Limited, a company that got contract to supply air conditioners and refrigerators to SEC Lagos zonal office. This is said to be against Section 12 of Corrupt Practices and Related Offences Act, 2000.
Gwarzo was also said to have used his position as SEC DG to gratify himself by allegedly awarding the contract to his firm, against Section 19 of the ICPC Act.
Muhammad on her part, was accused to have, while being a public officer used her position to gratify herself when Outlook Communications Limited, where she was a shareholder and director was awarded a contract by SEC, punishable under Section 19 of the ICPC Act.
Gwarzo had however in his extra-judicial statement had told investigators that he had resigned and relinquished his shares since 2012.
The court in the latest hearing noted that the prosecution did not investigate this and that the prosecution witnesses did not show how they got the Corporate Affairs Commission (CAC) documents tendered as they admitted that they did not have any physical interaction with the CAC.
They also did not tender the letter by which they applied for CTC of the documents, even though they said they applied to the CAC for the documents.
For counts two, four and six-allegation that the first defendant conferred unfair and corrupt advantage on himself, the court held that the prosecution witnesses admitted, during cross-examination, that neither the first defendant nor his relatives benefitted from the said contracts and awards. The prosecution witnesses also admitted that they did not investigate the procedure for award of contracts in SEC.
On the whole, the court held that the prosecution had not made any case to warrant an invitation to the first defendant to enter his defence. Gwarzo was accordingly discharged on all six counts.
The court also toed the same line and discharged Muhammad on the remaining eight counts which referred solely to her.
