THE embattled former House of Representatives Speaker, Dimeji Bankole, yesterday prayed the Federal High Court, Abuja Division to quash the 16-count charge preferred against him by the Economic and Financial Crimes Commission (EFCC) over contract inflation, citing constitutional breach in the initiation of the criminal action.
Bankole, who made the prayer via an application filed by his counsel, Chief Adegboyega Solomon Awomolo (SAN) predicated his request on six grounds.
The former Speaker challenged the competence of the charge, arguing that the prosecution counsel, Festus Keyamo could not file any charge in exercise of prosecution powers belonging to the Attorney-General of the Federation when, as at the time of filing the said charges, there was no Attorney General of the Federation to give him the fiat to do so.
Bankole, who noted that the charges were filed on June 7, 2011 when no AGF was in office, said: "The last AGF was Mohammed Adoke (SAN), who vacated officially on the dissolution of the Federal Executive Council on 28th May, 2011. The AGF is the only officer that the Constitution empowers to issue fiat to private legal practitioner to institute or continue criminal proceedings in the High Court."
Also, Bankole argued that he was at no times material a person answerable to any act or omission done pursuant to the provisions of the Public Procurement Act, 2007, the law he is being accused to have contravened. According to him, the office of Speaker of the House of Representatives which he occupied between 2007 and 2011 is not cognisable for the purpose of criminal responsibility or liability within the scope and intendment of the Public Procurement Act, 2007. Bankole said the proof of evidence did not connect him with the items allegedly procured in contravention of the Public Procurement Act.
Besides, Bankole argued that he was never by law or in practice, a staff of the National Assembly under section 9 of the National Assembly Service Commission Act or in the Public Service of the Federation under the Act. He further stated that he was neither the accounting officer nor the procurement officer, and wondered why he would be accused of inflating contract sums.
Bankole described as dubious some charges, which allege conspiracy between him and 'others now at large', claiming that none of the persons who constituted the 'Body of Principal Officers of the House of Representatives' during his time was at large.
He said that he was not likely to have a fair trial because he had allegedly been vilified, demonised and condemned unfairly in the public domain.
Bankole was accused of colluding with some people who were said to be at large to increase the cost of purchasing Samsung television sets, HP computers, Digital Copiers, two units of Range Rover Bullet Proof vehicles and three units of Mercedes Benz S-600 cars, among others.
The offences were said to have been contrary to section 58(4)(a) of the Public Procurement Act punishable under section 58(5) of the same law.
He was also accused of colluding with other people whose names were not disclosed, and with intent to defraud, rigged the bid for the purchase of 100 units of Sharp Digital Copier 5316 by refusal to follow all the procedures prescribed for public procurements in Sections 17 to 56 of the Public Procurement Act N0.14 of 2007, leading to a loss of value to the national treasury.
The commission further alleged that Bankole and other principal officers of the House responsible for the approval of contracts, with intent to defraud, did conspire among themselves to inflate the cost of 800 units of Desktop Computers (HP Compaq dc 5700) by approving the purchase of the said item at the rate of N330,000.00 per unit, instead of the prevailing market price of N160,000.00 per unit.
The former Speaker is facing 33 charges at different courts.
He was charged with 16 charges before a Federal High Court in Abuja and another 17 charges before an Abuja High Court.
He had pleaded not guilty to all the charges. Soon after he was granted bail by Justice Donatus Okorowo of the Federal High Court in Abuja on Monday, Bankole was immediately re-arrested by operatives of the EFCC.
He was thereafter driven to Apo Division of the Abuja High Court where he was arraigned alongside his former deputy, Usman Nafada on another 17 count charges bordering on illegal sourcing of N40 billion loan on behalf of the House of Representatives.
They both pleaded not guilty to the charges. The trial judge, Suleiman Belgore ordered that they be remanded in the custody of the EFCC till Thursday when he will hear the accused persons' bail application.
In the new charges, Bankole and Nafada were essentially accused of committing criminal breach of trust when they allegedly conspired between themselves to approve the allowances and running cost of members of the House of Representatives in violation of the approved Remuneration Package for Political, Public and Judicial Office Holders by the Revenue Mobilisation Allocation and Fiscal Commission and the extant Revised Financial Regulations of the Federal Government of Nigeria, 2009.
Meanwhile, Bankole has increased members of his legal team with four other Senior Advocates of Nigeria: Michale Fashanu, Olawale Akoni, Dr. Awa Kalu and Prof. Charles Ilegbune.
Source: The Guardian.