N4.670bn Fraud: You have a case to answer, court tells Rivers Official

Rotimi Amaechi

Efforts by the Economic and Financial Crimes Commission, EFCC to prosecute Mr  Ezebunwo Nyeson Wike, who is Chief of staff to the Rivers state governor, Rotimi Amaechi got a boost on Tuesday, March 17, 2009 when an Abuja High Court ruled that the Commission can proceed with the trial of the Rivers official for criminal breach of trust and conversion of public funds.

Mr. Wike who was first arraigned by the EFCC on Thursday October 9, 2008 on a 7 count charge of criminal breach of trust and conversion of public funds totaling N4.670 Four billion, Six Hundred and Seventy million naira, (N4.670billion) belonging to the Rivers State government, an offence he allegedly committed between 2007 and June 5, 2008, had filed a motion seeking to quash the charges.

Counsel to the accused, Damian Dodo, SAN, had argued that there was no prima facie as there was no material evidence before the court to show that the accused was culpable. He also stated that there was no petition from the Rivers State government to the EFCC on missing or misappropriated funds and that there was nothing linking the accused person to any crime. He, therefore, stated that it was an abuse of court process and unfair to the person concerned.

In a counter motion, counsel to EFCC, Godwin Obla stated among other things that by virtue of the EFCC Acts, the Commission does not need a petition from the Rivers State government before it can perform its duties. Quoting from the EFCC Act 2004 Section 7 (1), the prosecution counsel said: “the Commission has power to cause investigations to be conducted as to whether any person, corporate body or organization has committed an offence under this Act or other law relating to economic and financial crimes.”

The presiding judge, Justice Folashade Ojo in her ruling stated that there was enough prima facie on which the case can progress. She posited that
with the available bank details, witnesses, and other documented evidence, there was enough ground for the prosecution of the accused person. She therefore fixed May 5, 2008 for the hearing of the case.