Shema challenges N11billion charge, Arraignment now Feb 7, 2017
The
arraignment of a former Governor of Katsina State, Ibrahim Shehu Shema
and three others could not go on today as planned following a motion
by the defendants challenging the jurisdiction of the court and the
competency of the charge.
Shema
is being charged alongside three others, Sani Hamisu Makana, Lawal
Ahmad Safana and Ibrahim Lawal Dankaba before Justice Maikaita Bako of
the Katsina State High Court for the alleged offences of criminal
breach of trust, abuse of office and conversion of public funds to the
tune of over Eleven Billion Naira during his tenure as governor.
When
the case was called today, counsel for the accused persons, J.B Daudu
SAN brought a motion challenging the jurisdiction of the court and the
competency of the charge. However, the prosecution Counsel J.S Okutepa
SAN filed a counter affidavit in reply to the motion.
The
prosecution also asked that the accused persons be remanded in prison
custody until the next adjourned date. Okutepa told the court that the
first accused person violated the terms of the administrative bail
granted him by the EFCC. But Daudu argued that since the court is yet to
assume jurisdiction to hear the matter, such application should not
have come up at this stage.
Justice
Bako refused the prosecution application for remand and adjourned the
matter to February 7, 2017 for hearing of the motions on notice after
which the issue of arraignment would be determined.
One
of the charge read that “You Ibrahim Shehu Shema whilst being the
Governor of Katsina, Sani Hamisu Makana whilst being Commissioner for
Local Government and Chieftaincy Affairs, Katsina State, Lawal Ahmad
Safana whilst being the Permanent Secretary for Local government and
Chieftaincy Affairs of Katsina State and Ibrahim Lawal Dankaba whilst
being the Chairman Association of Local Government of Nigeria, Katsina
State Chapter, between September 2012 and May 2015 at Katsina, within
the jurisdiction of this Honourable Court were entrusted with certain
property to wit; an aggregate sum of N4,463,600,000 (Four Billion, Four
Hundred and Sixty Three Million, Six Hundred Thousand Nairn Only)
committed a criminal breach of trust in respect of the said sum by
transferring it from Katsina State Joint Local Government Account
domiciled at Access Bank , Katsina Branch to the account of ALGON
domiciled at Union Bank, Katsina Branch and subsequently withdrew same
and dishonesty convert it to your personal use (under various guises
including funding security intervention fund to all the 34 local
governments in Katsina State and falsely described in several payment
vouchers and memos) and thereby committed and offence contrary to
section 311 and punishable under section 312 of Penal Code Cape 96 Laws
of Katsina State, 1991.
Wilson Uwujaren
Head Media & Publicity
10th January, 2016
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EFCC Faults Witness’ Attempt to Distort Facts in Badeh’s Trial
Attempt
by a prosecution witness to distort facts in the ongoing trial of a
former Chief of Defence Staff (CDS), Air Chief Marshal Alex S. Badeh
(rtd) was on January 10, 2017 exposed by counsel to the Economic and
Financial Crimes Commission, EFCC, Rotimi Jacobs, SAN.
Badeh
is being prosecuted by the EFCC before Justice Okon Abang of the
Federal High Court in Maitama, Abuja. He is standing trial alongside a
firm, Iyalikam Nigeria Limited, on a 10-count charge bordering on money
laundering, criminal breach of trust and corruption to the tune of
N3.97billion.
He
allegedly abused his office as CDS by using the dollar equivalent of
the sum of N1.4billion removed from the accounts of the Nigerian Air
Force to purchase properties in choice areas of Abuja between January
and December, 2013.
The offence contravenes
Section 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as
amended) and punishable under Section 15(3) of the same Act.
The
witness, Joseph Okpetu, who testified as PW13, told the court that he
received hundreds of millions of naira from Badeh for various
construction projects.
Okpetu,
a builder and managing director of Habco Nigeria Limited, Kunychun
Drilling Services and Dilplast Nigeria Limited, narrated how he was
contracted to build a 3-bedroom duplex in Yola valued at N150million for
Badeh; renovate Badeh’s country home at Mubi, Bintin in Gwoza local
government area of Adamawa State at the cost of N50million; paint one of
Badeh’s homes in Zone B, Abuja amongst other renovations, and purchase
plants and equipment for a farm belonging to the former defence chief.
He
said: “Yushau (former Director of Finance and Accounts of the Nigeria
Air Force during Badeh’s tenure) had called me to his official residence
and showed me a drawing of a building to be constructed in Yola for his
boss, Badeh. Initially, the quote was N200million but after scaling
down some of the features of the house, the price came down to
N150million.
“At the meeting, Yushau gave me
the dollar equivalent of N50million as mobilization. The other payments
were done later in two installments. During construction, Badeh visited
the house on two occasions (with Yushau) and there were no complaints.”
The drawing in respect for the Yola duplex was tendered and marked as Exhibit T88.
Confusion however started when the witness began to contradict the statement he had earlier volunteered to the EFCC.
Sensing
a foul play, counsel to EFCC, Rotimi Jacobs swiftly drew Okpetu’s
attention to the contradictions, asking the witness if he still stood by
what he had said in his earlier statements.
“I do not stand by my statement to the EFCC”, Okpetu replied.
Upon
further examination by Jacobs, Okpetu admitted that the counsel to the
second defendant (Iyalikam), Samuel Zibiri, SAN, who was holding brief
for S. T. Ologoorisha, was in fact, his close family friend.
“On
the first day that I was arrested by the EFCC, Zibiri, came to bail me.
Like me, he is from Edo State. We are family friends”, he confessed.
At this point, Justice Abang adjourned to Thursday, January 12, 2017 for continuation of trial.
Wilson Uwujaren
Head Media & Publicity
10th January, 2017
..........................................................................................
Metuh’s Absence Stalls Trial
The
trial of embattled former National Publicity Secretary of the Peoples
Democratic Party, PDP, Olisa Metuh was stalled as he was not in court
today due to ill-health.
Metuh is standing
trial alongside his company, Destra Investment Limited, on a 7-count
charge of fraud to the tune of N400 million pressed against him by the
Economic and Financial Crimes Commission, EFCC, before Justice Okon
Abang of the Federal High Court sitting in Maitama, Abuja
After
counsel on both sides entered their appearances, Metuh’s counsel,
Onyechi Ikpeazu, SAN, informed the court that his client could not make
it to court because he was indisposed.
His
words: “My Lord, due to health complications, the first defendant
(Metuh) was rushed to National Hospital on Sunday, January 8, 2017. I
pleaded with the Consultants to give us a medical report to show to the
court but this was not possible due to the fact that the report is to be
a summation of the reports of five different Consultants. I called him
(the doctor) ten minutes ago, but he became thoroughly ‘abusive’.”
In
view of this, Ikpeazu requested that the matter be adjourned to January
11, 2017, promising that the report would be made available at that
time.
Counsel to Destra Investment Limited, Tochukwu Onwugbufor, SAN, supported Ikpeazu’s application for adjournment.
However,
counsel to EFCC, Sylvanus Tahir, strongly opposed the application
describing the explanation given by the defence as unreasonable.
Tahir
argued that, the date of today’s proceedings ought to have given the
defence sufficient time to avail the court with, at least, a sick
certificate.
“Explanation given cannot be taken
as substitute for the certificate which is the preserve of a medical
doctor. The explanation, therefore, does not constitute a reasonable
explanation as envisaged by Section 352(4) of the Administration of
Criminal Justice Act”, Tahir argued.
He urged
the court to ‘take with a pinch of salt’ the explanation given by the
defence and to see the absence of the first defendant (Metuh) as a
disregard of the bail conditions, so that trial could continue ‘in
absentia’.
After hearing the arguments of counsel, Justice Abang held that, adjournments were at the discretion of the court.
He said, “It is not automatic that the court must grant adjournment. It depends on materials submitted to the court.”
Thereafter, Justice Abang adjourned to January 11, 2017 and ordered the defence to make necessary reports available.
Wilson Uwujaren
Head Media & Publicity
10th January, 2017
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