THE Economic and Financial Crimes Commission (EFCC) has been cleared by an Abuja High Court to re-arraign the former Chairman of Senate Committee on Power, Senator Nicholas Yahaya Ugbane, his House of Representatives counterpart, Hon. Ndudi Elumelu, and Hon. Jibo Mohammed over their alleged complicity in the case of breach of due process, criminal conspiracy, diversion and misappropriation of public funds to the tune of N5.2 billion.
The re-arraignment, fixed for February 1, 2013, before Justice Mudashiru Oniyangi, is sequel to the re-assignment of the case following the withdrawal of former trial judge, Justice Adebukola Banjoko. They are expected to take fresh plea.
Ugbane and his co-accused were earlier arraigned on October 30, 2009, on a 130-count charge, alongside six senior officials of the Rural Electrification Agency. The charges were subsequently separated, the lawmakers jointly facing a 62-count charge and the other six accused facing a 68-count charge.
When the matter came up yesterday, the accused persons could not be re-arraigned owing to the absence of one of them, Jibo Mohammed, without any notice or explanation as he did not even have a legal representation in court, a development that prompted the prosecution counsel, Onjefu Obe, to pray the court for a bench warrant to effect his arrest.
Obe had agued that "when an accused person in a criminal case, as in the one at hand, fails to appear and nothing to show why he was not in court, irrespective of who the person is, the prosecutor has the right to ask the court to issue a bench warrant against such accused for him to come and explain why he was not present at the court."
However, defence counsel, Mr. Ikwueto (SAN), whose appearance was for the second accused, came to the rescue of Jibo. According to him, the third accused person was not aware of today's adjournment. Ikwueto said: "Since the date was not communicated to him, it would be wrong for the court to issue a bench warrant against him."
After ascertaining that the third accused might not have been informed about the new date, the judge asked the EFCC counsel whether he was going ahead with his earlier application, to which he replied, "EFCC is not in court solely to prosecute but to promote justice."
He, thereafter, withdrew the application for a bench warrant on the third accused person. Consequently, the case was adjourned till February 1, 2013.
Meanwhile, former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Raymond Temisan Omatseye, was yesterday re-arraigned by the Economic and Financial Crimes Commission (EFCC) before Justice Ofili Ajumogobia of a Federal High Court, Lagos, over alleged contract splitting and illegal transfer of funds to the tune of £300,000 (about N73 million).
Omatseye, who had earlier been arraigned before Justice Binta Murtala-Nyako of the same court on an 11-count charge, was re-arraigned on a 27-count charge. His re-arraignment followed the transfer of Justice Murtala-Nyako out of the Lagos Division.
According to the charge, the NIMASA former boss was said to have between 2009 and 2010 transferred £300,000 from NIMASA's Barclays Bank account in London without lawful approval, purportedly to fund the campaign of one Mrs. Mbanefo as Secretary-General of International Maritime Organisation (IMO).
The offence was contrary to and punishable under Section 14(a) of the Money Laundering (Prohibition) Act, 2004, Laws of the Federation of Nigeria. After hearing the allegations against him, Omatseye pleaded not guilty, while his lawyer, Olushina Shofola, urged the court to allow him continue with the former bail granted him by Justice Murtala-Nyako. The judge granted the request and fixed February 7, 8 and 9 for commencement of trial.
Some of the 11-count charge read: "Temisan Omatseye, while carrying out your duty as the Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA) on the 16th day of February, 2010, split tenders for, and approved three contract awards to Wabil Nig. Ltd., to wit: Contract Nos: (a) NIMASA90127/02/2010 (b) NIMASA90137/02/2010 (c) NIMASA90139/02/2010 for supply of office accessories to enable you evade your official limit of monetary threshold of contract approval, and thereby contravening the provision of Section 58(4)(d) of the Public Procurement Act, 2007 and punishable under Section 58(5)(a)(b) of the same act."
"That you, Temisan Omatseye, while carrying out your duty as the Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA) on the 29th day of January, 2010, split tenders for, and approved two contract awards to Franxeel Limited wit: Contract Nos: (a) NIMASA90084/01/2010 (b) NIMASA90085/01/2010 for supply of computer accessories, to enable you evade your official limit of monetary threshold of contract approval, and thereby contravening the provision of Section 58(4)(d) of the Public Procurement Act, 2007 and punishable under Section 58(5)(a)(b) of the same Act.
"That you, Temisan Omatseye, while carrying out your duty as the Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA) on the 16th day of February, 2010 split tenders for, and approved two contract awards to Layol Commercial Serv. Nig. Limited wit: Contract Nos: (a) NIMASA90128/02/2010 (b) NIMASA90136/02/2010 for supply of office equipment, to enable you evade your official limit of monetary threshold of contract approval, and thereby contravening the provision of Section 58(4)(d) of the Public Procurement Act, 2007 and punishable under Section 58(5)(a)(b) of the same act."
The Guardian