Corrupt Practices and Other Related Offences Act 2000.
The prosecution has not proved that the alleged gifts in
Counts 1, 2, 3 and 4 are all gifts given by a giver to the
Defendant who accepted them corruptly.
It is submitted that the evidence of DW1 deflected the
case of the prosecution that the transactions between
the Defendant and Himma Abubakar are “corrupt gifts”.
Far from this, the unchallenged and uncontradicted
evidence of the Defendant backed by documentary
evidence is proof that the prosecution EFCC did not set
out to investigate the matter out to make recoveries of
money for Federal Republic of Nigeria.
It is the contention that the prosecution has not
discharged the burden of proof on it that the monies and
vehicles as charged were indeed corrupt gifts given to
the Defendant by Societe D’ Equipment Internationaux
Nigeria Limited (the alleged giver). It is submitted that for
the prosecution to prove that the Defendant received the
alleged gifts corruptly it must be proved that the intention
(meus pea) i.e. the intention and or objective with which
the Defendant received them were corrupt.
See
NWOKEARU v STATE (2013) 16 NWLR, Pt 1380, P. 207 at 235
Para D – F.
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