Abuja Court Acquits Carolina Luxury Homes, Director in N31.8m Fraud Case

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The High Court of the Federal Capital Territory (FCT) has discharged and acquitted Princess Carol Ngozi, Chief Executive Officer of Carolina Luxury Homes Ltd, and the company over a 30-count fraud charge filed by the Economic and Financial Crimes Commission (EFCC).
Justice A.A. Fashola ruled that the anti-graft agency failed to establish a prima facie case against the defendants in the alleged N31.8 million fraud case.

The court, relying on provisions of the Administration of Criminal Justice Act (ACJA) 2015, held that the prosecution did not present sufficient evidence to warrant the continuation of the trial.

“Pursuant to Section 302 of the Administration of Criminal Justice Act, 2015, this honourable court holds the view that the prosecution failed to make out a prima facie case against the defendants,” Justice Fashola ruled.

“The defendants are hereby discharged and acquitted.”

The case, which began with the filing of charges by the EFCC on August 5, 2021, involved allegations bordering on fraud.

Princess Ngozi and Carolina Luxury Homes Ltd were first arraigned before Justice Hamza Muazu in 2021 and later rearraigned before Justice Fashola on March 16, 2023.

Both defendants pleaded not guilty and proceeded to trial.

The EFCC listed 41 witnesses to support its case, but only one witness appeared before the court during proceedings.

According to the judgment, the sole witness was unable to present documentary evidence capable of proving the allegations against the defendants.

The trial suffered multiple delays as the prosecution failed on several occasions to continue proceedings or produce additional witnesses.

The court’s decision effectively ended a legal battle that lasted about five years, with the judge concluding that the prosecution had not met the required legal threshold.

Legal observers noted that criminal cases require the prosecution to establish sufficient evidence before a defendant can be called upon to defend the allegations.

A legal practitioner who commented on the judgment described the case as an example of the consequences of filing charges without adequate evidence.

“The EFCC spent years attempting to build a case but could not produce evidence to support the allegations,” the lawyer said.

The judgment has drawn reactions from civil society organisations, with some praising the court for upholding due process.

The Mission for Peace and Development Initiative (MPDI), an Abuja-based civil society group, said the ruling reinforced confidence in Nigeria’s judiciary.

In a statement signed by its Director of Publicity, Ogah Columba, the group accused the EFCC of misusing its powers and said the case raised concerns about the balance between law enforcement activities and citizens’ rights.

The organisation alleged that the lengthy legal proceedings and earlier detention of the company’s director had negatively affected her reputation and business operations.

The EFCC has not issued a public statement on the judgment.

The ruling highlights ongoing debates in Nigeria over the enforcement of anti-corruption laws, prosecutorial responsibility, and the need for government agencies to ensure that investigations are supported by credible evidence before criminal charges are filed.

 

 

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