AN Abuja High Court sitting in Maitama, yesterday, discharged former Minister of State for Health, Gabriel Aduku, an architect, and two others of complicity in the expenditure of the N300 million unspent budget of the Ministry.

Also discharged were the Permanent Secretary in the ministry, Professor Simon Ogandi, and the Director of Finance, Hanafi Mohammed.

The court's decision followed an application by the Economic and Financial Crimes Commission (EFCC) which is prosecuting them to drop all charges against them.

The anti-graft agency had told the court that it resolved to let the three off the hook in the interest of justice, having reviewed and reappraised their charges vis-à-vis the proof of evidence and the additional proof of evidence filed in the case.

In an affidavit accompanying the commission's application to withdraw charges against them, EFCC said: "The counsel for the complainant and the legal team assigned the prosecution of this case embarked on several meetings; which reviewed and reappraised the charges against each accused person vis-à-vis the proof of evidence and the additional proof of evidence filed in this case.

"Following the above averment, the complainant resolved to drop charges against Aduku, Ogandi and Mohammed who were respectively charged as the 2nd, 3rd and 5th accused persons in the interest of justice."

Justice Salishu Garba said he had no option than to strike out their names from the charge sheet.

He, however, said with the present development, it was imperative for the prosecution to amend the charge to enable trial to start afresh in the matter.

Meanwhile, the EFCC filed an amended charge to reflect the withdrawal of charges against the three persons.

When the application was moved by Mr James Binang, lead counsel to the commission, neither Grange nor Obasanjo-Bello objected to the amendment to the charges. The court granted the prayer.

But it turned down the separate requests by the discharged Permanent Secretary and the Director of Finance for an order reinstating them to their offices.

Justice Garba said he had no powers to do so, but adjourned the case to November 24, 25 and 26 for the remaining suspects to plead to the amended charges.

The substantive trial of the remaining suspects will also commence immediately after their pleas have been taken.

Justice Garba stated his readiness to dispose the case with dispatch and asked EFCC to come to court with its witnesses at the next adjourned dates.

But the commission told the high court that it would go ahead with the trial of all other accused persons in the case.

The other accused persons are the immediate past Health Minister, Prof Adenike Grange; daughter of former President Olusegun Obasanjo, Iyabo Obasanjo-Bello and seven others.

All of them were charged on April 8, 2008 before an Abuja High Court.

They were charged with conspiracy, forgeries and criminal breach of trust. They all pleaded not guilty to the charge.

The judge had then ordered that the suspects be remanded in the custody of the EFCC but on April 11, he granted them bail.