The Economic and Financial Crimes Commission, EFCC, on Tuesday, October 27, 2015 secured the conviction of one Alhaji Uba Mohammed on a two count charge bordering on criminal breach of trust and fraud before Justice Salisu Garba of the High Court of the Federal Capital Territory, Maitama, Abuja.
Mohammed
was alleged to have been entrusted with the authority to collect the
rent of a property situated at Plot 1143 Asokoro District of the FCT,
Abuja by Zaibadari Company Limited from the "Office of the Presidential
Committee on Dairy Production" to the tune of N10m (ten million naira).
The accused, upon collection of the said sum converted same to personal use and disappeared into thin air.
Mohammed was arraigned on October 13, 2009 and pleaded not guilty to the charge preferred against him.
One of the counts reads:
Mohammed was arraigned on October 13, 2009 and pleaded not guilty to the charge preferred against him.
One of the counts reads:
"That
you Alhaji Uba Mohammed on or about the 5th day of August 2006, at
Abuja in the Abuja Judicial Division of the High Court of the Federal
Capital Territory, being entrusted with the authority to collect the
rent of a property situated at Plot 1143 Asokoro District of the FCT,
Abuja by Zaibadari Company Limited from the "Office of the Presidential
Committee on Dairy Production" did commit criminal breach of trust by
converting the sum of N5,000,000 (Five million naira only) to your own
use, being the advance rent to one year payable to Zaibadari Company
Limited and thereby committed an offence contrary to section 312 of the
Penal Code Act, Cap, 532 Laws of the Federation of Nigeria (Abuja)
1990”.
In
the course of trial, the prosecution called two witnesses, tendered
documents and closed its case on February 15, 2010, setting the stage
for the defense to open its case.
However, the accused had since then remained elusive.
Having
suffered several adjournments, and in its bid to bring the accused to
justice, counsel to EFCC, T.N Ndifon, invoked the provisions of Section
352 (4) of the Administration of Criminal Justice Act 2015 which states
that: " Where the court, in exercise of its discretion, has granted
bail to the defendant and the defendant, in disregard for the court
orders, fail to surrender to the order of court or fails to attend court
without reasonable explanation, the court shall continue with the trial
in his absence and convict him unless the court sees reasons otherwise,
provided that proceedings in the absence of the defendant shall take
place after two adjournments or as the court may deem fit."
Justice
Garba, after due consideration of the arguments of the counsel, opined
that the prosecution had proved its case beyond reasonable doubts.
Relying on Section 352 (5) of the Administration of the Criminal Justice Act, Justice Garba deferred the sentencing of the accused pending the time he is caught.
Wilson Uwujaren
Head, Media & Publicity
27th October, 2015
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