A Federal High Court in Abuja has struck out the N1.84 billion money laundering charges brought by the Federal Government against Colonel Nicholas Ashinze (rtd), a former Military Assistant to Col. Sambo Dasuki (rtd.) and eight others.
The charges on alleged corruption were struck out by Justice Okon Abang following its withdrawal by the Attorney General of the Federation AGF after seven years of trial.
While striking out the 13-count amended charges, Justice Abang discharged the nine defendants from the alleged corruption charge.
Although the Judge did not pronounce them acquitted, the Supreme Court of Nigeria had in several judgments held that discharging defendants from criminal charges is tantamount to acquittal from the same charges.
In the instant case where the charges are struck out and the defendants are discharged, they are no longer subject to criminal prosecution for the charges in that particular case.
Justice Abang held that no court of law can question the exercise of AGF’s powers, under Section 174 (1)(b) of the 1999 Constitution (as amended), to take over or terminate any matter before any court of law.
Counsel to the Federal Government, David Kaswe had applied for withdrawal of the charges apparently acting on the instructions of the AGF, Malam Abubakar Malami
The defendants were arraigned by the Economic and Financial Crimes Commission (EFCC) on a 13-count money laundering charge.
The money was said to have emanated from the Office of the National Security Adviser (ONSA) where Mr Ashinze served as Special Assistant.
The nine defendants had at the commencement of the trial, pleaded not guilty to all the charges preferred against them
