A federal high court in Lagos on Thursday discharged and acquitted Waripamo-Owei Dudafa, a former senior special assistant to ex-President Goodluck Jonathan and Joseph Iwuejo, a banker.
The duo were arraigned and charged with N1.6bn fraud.
The commission alleged that between June 1 and June 4, 2015, Dudafa procured Nna and Ebiwise Resources to conceal N150 million being the proceeds of crime.
In his judgement Mohammed Idris, the judge, said it was difficult to convict the ex-presidential aide and the banker because the EFCC failed to prove the 23 counts of conspiracy and concealment of crime proceeds charges against them beyond reasonable doubts.
The judge averred that the EFCC failed to call witnesses including Jonathan, one Somprei Omeibi, Godwin Emefiele, governor of the Central Bank of Nigeria, and Sambo Dasuki, former national security adviser, who could have helped its case.
He added that the case was “based on suspicions” which “cannot take the place of legal evidence”.
“Why did the prosecution fail to call Sompre Omiebi to testify?” the judge asked.
He held that the commission’s failure to make key witnesses appear in court and testify added to the commission’s inability to prove its case.
The judge also held that the prosecution tried “its best to prove the case”, but failed to carry out thorough investigation against the defendants.