The prosecution described Mr Suswam's latest request for adjournment of the 11-year-long corruption trial as a ploy frustrate the case.
The 11-year-long corruption trial of former Benue State Governor Gabriel Suswam suffered another delay on Friday as the trial court in Abuja adjourned the scheduled final addresses.
Adoption of final addresses by the parties is generally the last stage before judgement.
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But the case was adjourned after prosecution counsel Oluwaleke Atolagbe told the court that Mr Suswam's lead defence lawyer, Joseph Daudu, had sent his team a letter stating that he would be absent from Friday's proceedings to travel to Denmark for the International Bar Association (IBA) annual conference.
Mr Atolagbe described the request as a "deliberate ploy to frustrate the prosecution."
He said the case, which began in 2015, had already lasted 11 years, with evidence concluded in November last year.
He also noted that Mr Suswam had made similary requests in the past as recalled that previous proceedings of 16 July stalled because "Mr Suswam was not present and cited illness."
"My Lord, in this case, the letter is saying that J.B. Daudu wants to conduct the proceedings. But C. Ogbozor has been conducting the defence, and the record of this court is very clear," the prosecution lawyer said.
He also said the letter listed several lawyers, including a Senior Advocate of Nigeria (SAN) who could stand in for Mr Daudu in his absence.
He cited a Supreme Court case which held that a case should not wait for a particular lawyer, and argued that, in this instance, the lawyer the case was waiting for was not even the person handling it.
Despite his concerns, Mr Atolagbe said the prosecution would consent to the adjournment.
"It will be difficult for us to ask the court to proceed because we don't want any party to raise any issue of fair hearing, but this is really sad," he said.
He urged the court to adjourn the case until 23 October suggested by Mr Daudu.
Second defendant Omodachi Okolobia's lawyer, Paul Erokoro, also SAN, did not oppose the request.
But he noted that the defence did complain when the prosecution sought several adjournments and used years to call witnesses.
Interjecting, Mr Atolagbe said Mr Erokoro had no right to comment on the issue since he did not author the letter requesting an adjournment.
This sparked off a back-and-forth between the two lawyers, forcing the judge, Peter Lifu, to intervene.
Mr Lifu said there was no need for further arguments because none of the parties opposed the request for adjournment.
He, however, noted that an adjournment should be based on the convenience of the court.
He adjourned the case until 6 November, which the lawyers also agreed to.
Corruption trial with chequered history
The Economic and Financial Crimes Commission (EFCC) first arraigned Mr Suswam and his then-Commissioner for Finance, Mr Okolobia, in November 2015 on 11 charges of conspiracy and money laundering, including criminal breach of trust.
The charges accused them of diverting N3.1 billion from the proceeds of the sale of Benue State Government shares managed through the Benue Investment and Property Company Limited.
According to the EFCC, the funds were channelled through Elixir Securities Limited and Elixir Investment Partners Limited between August and October 2014. Both defendants have consistently denied the allegations.
The has case faced repeated delays over the years. It moved between three judges, including the original trial judge, Ahmed Mohammed, who intitially withdrew from the matter, citing a Sahara Reporters publication accusing him of bias. The case was later assigned to Judge Okon Abang, before the Court of Appeal ordered that it be returned to Mr Mohammed.
Following Judge Mohammed's elevation to the Court of Appeal in 2023, the case was reassigned to Judge Lifu, before whom the defendants were re-arraigned in March 2024.
The prosecution closed its case after calling nine witnesses and tendering documentary evidence before Mr Mohammed.
The defendants then filed a no-case submission, arguing that the prosecution had failed to establish a prima facie case against them.
However, in July 2025, Judge Lifu dismissed the application and held that the prosecution had established sufficient evidence requiring the defendants to enter their defence.
Mr Suswam later testified as the sole defence witness. Mr Okolobia neither testified nor called any witness for his defence.
The defendants closed their defence on 24 November 2025 after Mr Suswam testified.
Judge Lifu then fixed 20 January for the adoption of final written addresses and directed the prosecution and defence to exchange their written arguments within the prescribed timeline.
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However, the case did not proceed to final arguments on the scheduled date.
It was adjourned several times before it was rescheduled for 29 May.
The matter was again shifted and, on 1 July, the judge adjourned it to 16 July.
On 16 July, the case was again fixed for today (Friday), when proceedings stalled again due to defence lawyer, Mr Daudu's absence.
Mr Suswam served as the member of the House of Representatives representing Katsina-Ala/Ukum/Logo before becoming governor in 2007. He was governor between 2007 and 2015, during which he allegedly committed the offences for which he is being prosecuted.
He lost the election to the Senate to represent Benue North-East after completing his second term as governor in 2015.
But while standing trial in the last 11 years, 61-year-old Mr Suswam, won the senatorial election to represent the Benue North-East Sena in the Nigerian Senate for one term, between 2019 and 2023.
In March 2024, Mr Suswam declared intention to contest for the position of the chairmanship of the Peoples Democratic Party (PDP), the platform on which he has won all his previous elections. His bid to lead the PDP was unsuccessful.
