Another court dismisses no-case submission of ex-JAMB Registrar, Ojerinde
A High Court of Justice sitting in Minna, Niger State, has dismissed a no-case submission filed by Prof. Dibu Ojerinde, the former Registrar, Joint Admissions and Matriculation Board (JAMB), in the alleged corruption charge preferred against him by the the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
Justice Abdullahi Mikalu, in a ruling dated 6th March, 2025 and the certified true copy sighted on Friday, held that Ojerinde’s submission of no case to answer failed in respect of the offences in counts one, two, three, four, five, six, seven and 10 of the charge.
“And he is hereby called upon to enter his defence if he so wish to do,” Justice Mikalu said.
The judge, however, held that the ex-JAMB registrar’s no-case submission succeeded in respect of counts eight and nine of the charge “and he is accordingly discharged of the offences in counts 8 and 9.”
The trial judge stated that the sole issue for determination in the application was “whether having regard to the evidence adduced by the prosecution, a prima facie case has been made out against the accused person to warrant this court to call upon him to enter defence.”
The ICPC had, in the amended charge marked: NSHC/MN/ICPC/1C/2021 and filed by its lawyer, Ebenezer Shogunle, dragged Prof. Lawrence Adedibu Ojerinde to court as the sole accused person in the allegations bordering on corruption while he was Registrar, National Examinations Council (NECO).
Ojerinde, the ex-Registrar of NECO and JAMB respectively, was initially arraigned before the court on a 10-count charge dated February 2, 2021 and filed on February 4, 2021.
The charge was subsequently amended by the prosecution, and Ojerinde was re-arraigned on a 10-count amended charge dated and filed on March 6, 2023.
He was alleged to have committed the offences of dealing with property acquired through gratification, bribery and given assistance, etc in regard to contracts, fraudulent acquisition of property and gratification by and through agents, contrary to Sections 24, 22(6), 12 and 17 (1) (a) of the Corrupt Practices and other Related Offences Act 2000.
The former JAMB boss, however, pleaded not guilty to the amended charge on January 17, 2024.
In an attempt to discharge the burden of proof placed on it by law, the anti-corruption Commission called four witnesses and tendered several documentary exhibits.
Ojerinde, through his lawyer, filed a no-case submission, insisting that the prosecution had failed to prove a prima facie case against him.
He, then, prayed the court to dismiss the charges against him
The prosecution maintained that the Commission had established its case and that the court should order the ex-JAMB boss to enter his defence in the charge.
Delivering the ruling, Justice Mikalu agreed with the Commission’s argument that there is the need for Ojerinde to be called upon to explain his roles in some of the counts preferred against him.
“I have carefully considered the submissions of counsel for and against the written submission of no case to answer and the authorities cited in support of same.
“As echoed and re-echoed by learned counsel in their respective written submissions, the concept of submission of no case to answer enjoys statutory blessing in this jurisdiction by virtue of Section 191(3) of the Criminal Procedure Code of Niger State,” he said.
The judge, therefore, upheld counts one, two, three, four, five, six, seven and 10 of the charge.
“The above pieces of evidence tallies with allegations contained in count 10 of the charge.
“I hold the view that the accused person needs to make some explanation regarding the acquisition of the said house by a company in which he is a director,” he declared while deciding on Count 10, among other counts.
In conclusion, the judge said: “From the evidence of PW-1 and PW-2, as well as the exhibits referred to in this ruling, I hold the view that prima facie case has been made against the accused person in respect of the offences in count 1 to 7 of the charge.
“At least exhibits 1,J,K,4,N,S and Defence Exhibit 8 are facts which are not reasonably open to question because the exhibits cannot exist if the companies they refer to were not incorporated.
“However, I am not satisfied that prima facie case has been made out against the accused person in respect of count 8 of the charge.
“It is trite law that every material allegation in the charge must be proved.
“I hold that no prima facie case is made out against the accused person in respect of the offence in Count 9 of the charge.
“The accused person is discharged of the offence of fraudulent acquisition of property in Count 9 of the charge.”
It would be recalled that Justice Obiora Egwuatu of the Federal High Court in Abuja had, on Tuesday (June 10), similarly rejected the no-case submission filed by Ojerinde in another charge bordering on alleged corruption to the tune of N5.2 billion.
Justice Egwuatu, in the ruling, held that the elements of the offence preferred against Ojerinde had been identified by the ICPC’s witnesses, requiring the defendant to enter a defence to the 18-count charge.
The Commission alleged that Ojerinde committed multiple frauds while heading NECO and JAMB.
He, however, pleaded not guilty to all the counts after he was arraigned.