An Abuja High Court yesterday freed the National Coordinator of the Police Equipment Foundation (PEF), Chief Kenny Martins and two others of charges of N7.740 billion fraud brought against them by the Economic and Financial Crimes Commission (EFCC).

The court said anti-graft agency had failed to establish the criminal case of fraud against Kenny Martins and three others in the handling of N7.740 billion Police Equipment Fund (PEF).

The Court said the EFCC acted on spurious petitions to detention and charge against the accused persons and, therefore, terminated the six-count charge.

Kenny Martins, his Deputy Ibrahim Dumuje and a Director with PEF Dr. Yaro Gella were arraigned by EFCC on allegation they defrauded the Federal Government of N7.740 billion.

After the testimony of nine prosecution witnesses and tendering of several documents, Justice Abubakar Talba terminated the criminal charges against the accused persons for want of a prima-facie case against them.

Justice Talba held that EFCC failed to obtain statement from the Sultan of Sokoto and the Integrity Group members who allegedly wrote the petition or called witnesses from them to prove the petitions, thereby failing to disclose any known case against the accused persons.

Upholding the no case submission by Chief Johnny Ucheaga, Counsel to the accused persons, the court held that none of the witnesses from EFCC established ingredients of conspiracy, breach of trust and misappropriation as contained in the criminal charges against the accused persons.

The Court held that from the evidence supplied, the N774 million alleged to have been transferred by the accused persons was their legitimate ten percent of the N7.740 billion realised as donations to buy equipment for the Police, and the N59 million withdrawn by the accused persons was the amount paid to Globe Motors and Coscharis Motors for insurance.

Justice Talba said that, "it was not for EFCC to merely raise allegation, but must prove the allegations", adding that in the case at hand, the anti graft body failed to prove an iota of fraud in the handling of PEF money.

Justice Talba said that the action EFCC was even painful because the government, the Inspector General of Police and the Association of Local Governments of Nigeria (ALGON), who were stakeholders in PEF, did not complain of any fraudulent act or even contacted by EFCC during the investigation.