In the light of all stated above, I am of the considered
view that the prosecution have woefully failed to establish
the offence of gratification against the Defendant. They
have not shown that the Defendant did not in fact
incurred these expenses presented to Himma Abubakar
and have not shown that the reason why payments and
the vehicles seized should be returned to the Office of the
NSA. The prosecution have not also shown that Himma
Abubakar confirmed that the payment of these monies
and purchase of the vehicles were for gratification
received in performance of a duty or function.
In conclusion, I hold the firm view that the prosecution
failed to establish a case of corrupt gratification under
Section 17 of the Independent Corrupt Practices and
Other Related Offences Act 2000 on which the 4 count
charge was framed.
Accordingly the Defendant AVM Alkali Mohammed
Mamu is hereby discharged and acquitted on all the 4
count charge.
(Sgd)
JUSTICE SALISU GARBA
(PRESIDING JUDGE)
29/06/2018
54