Attempts by the suspended Chairman of the House of Representatives' Committee on Capital Market, Hon. Herman Hembe and his Deputy, Ifeanyi Azubuogu, to terminate their ongoing trial at interlocutory stage, failed yesterday, as a Federal Capital Territory, FCT, high court, held that they have a case to answer.
The Economic and Financial Crimes Commission, EFCC, had re-arraigned the accused lawmakers, on offences bordering on alleged conversion into personal use, an estimated N600, 000 being money allegedly released by the Securities and Exchange Commission, SEC, for them to travel to the Dominican Republic, for a refresher conference in October 2011.
The offence, according to the anti-graft agency, is contrary to Section 308 of the Penal Code Act, Laws of the Federation of Nigeria (Abuja) 2004, and punishable under Section 309 of the same code.
However, Hembe and Azubuogu had, in oral separate submissions by their respective counsel – Messrs Jibrin Okutepa, SAN, and Onyechi Ikpeazu, SAN, – entered a "No case submission" to the charge preferred against them.
Specifically, Hembe contended that there was only one issue for determination which was: "Whether from the totality of the evidence before this honourable court, the complainant has made out a prima facie case against the accused persons to answer."
He argued further that; "To ask the 1st accused person to enter into his defence will require him to prove his innocence," saying, "This is contrary to the presumption of innocence enshrined in S. 36 (5) of the 1999 Constitution as amended."
In dismissing the oral applications trial judge, Justice Peter Kekemeke, held that the prosecution succeeded in establishing a prima facie case against the duo, to warrant their being put to trial.
Justice Kekemeke stated that the proof of evidence before the court was persuasive enough to move the court to consider, painstakingly, the two-count charge against the accused persons.
Consequently, he dismissed the separate submissions and proceeded to fix October 21, for the duo to enter their defence.
National Mirror