N 7.7Bn Police Equipment Scam: Appeal Court Orders Retrial of Kenny Martins, Three Others

Court of sitting in Abuja has ordered retrial of Chief Kenny Martins and three others in respect of embezzlement of Seven Billion, Seven Hundred and Forty Million Naira (N7,740,000,000.00) belonging to Police Equipment Fund.

In a well-considered delivered Justice Regina Nwodo, JCA, Leading two other justices on June 28, 2012, appellate court among other issues, held that four accused persons have a case to answer and that Justice Mohammed Talba of FCT High Court misdirected himself and was to have discharged the accused persons on a no-case .

The arose from a criminal charge preferred the Economic and Financial Crimes Commission () against Chief Kenny Martins, Ibrahim Dumuje, Yaro Gella and Nigerstalg Limited.

After the trial at the High Court, the accused persons were discharged on a no-case . However, dissatisfied with the ruling, the filed an .

On the issue of bias, on which basis an Abuja Magistrate court and a Federal High Court, Abuja had disqualified prosecution counsel, Festus from prosecuting the accused persons, on the grounds that he had written several petitions against the accused persons in the past, the Court of Appeal held that a prosecutor cannot be disqualified from prosecuting a matter based on allegations of bias.

The court ordered that the case file be remitted to the Chief Judge of FCT for reassignment and re-trial of the accused persons.

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