The defence in the case of EFCC v Paul Usoro today argued a no case submission before Justice Aikawa of the Federal High Court,Lagos division.
The defence led by Offiong Offiong argued among other issues that there is no offence in Akwa Ibom State known as Criminal breach of trust
It can be recalled that Criminal Breach of trust is the crux of the charge against the former President of the Nigerian Bar Association who is being tried for receiving his professional fees and paying Lawyers who worked with him in various specific briefs.
In responding to the 2nd issue for determination, “As a corollary to issue 1 hereof,does the charge disclose a predicate offence that is known to law in Akwa Ibom State and or Lagos State.
The defence argued that the surviving counts do not disclose any predicate offence known to the Criminal code cap 38 Laws of Akwa Ibom State the Jurisdiction where the offence is alleged to have taken place.
He buttressed that the monies which were at all times material to the charge were paid or transferred to bank accounts domiciled in Akwa Ibom.
He argued that even if the prosecution argues in favour of Lagos on the grounds that the defendant’s account is domiciled in Lagos,none of the surviving counts discloses any predicate offence known to law in Lagos state making the charge incurably defective.
On further adumbration, Offiong Offiong in persuading the court to rule in favour of a no case submission reminded the court that the Prosecution witnesses gave three different accounts of how money came from A/Ibom government.
Furthermore,the defence submitted that Criminal breach of Trust is not an offence known to Akwa Ibom State criminal code law or that of Lagos State.
He submitted that the prosecution failed to prove essential elements of knowledge that the funds were properties of Akwa Ibom State and moved the court to acquit the defendant.
The Prosecution in their reply urged the court to order that the defence team open their defence .The court adjourned to June for ruling.
