Date Published: 09/30/09

PEF Fraud: EFCC files fresh charges against Kenny Martins, Others

The Economic and Financial Crimes Commission, EFCC on Tuesday September 29 filed an amended nine count charge against the former Coordinator of the defunct Police Equipment Fund, Kenny Martins and three others, Ibrahim Dumuje, Yero Gella and Nigerstalg Limited at the FCT High Court Gudu, Abuja.

The nine count charge borders on criminal breach of trust, mismanagement, conversion and misuse of public funds totalling One Billion, Two Hundred and Eighty Three Million Naira (N1,283,000,000.00) when they held sway as coordinators of the defunct PEF. Kenny Martins and others were said to have committed the offences contrary to section 97(1) of the Penal Code Act Cap 532 Laws of the Federation of Nigeria 1990 and punishable under Section 312 of the same Penal Code Act.

For instance, in count three of the amended charge, Kenny Martins and the others were said to have “on or about 25 th of May 2007 in Abuja within the jurisdiction of the High Court of the Federal Capital Territory, being entrusted with the sum of N7,740,000,000.00 (Seven billion, seven hundred and forty million naira) property of the Association of Local Government of Nigeria dishonestly converted to your own use the sum of N774,000,000.00 (Seven Hundred and seventy four million naira) out of the said sum of N7,740,000,000.00 in violation of the agreement between you on one hand and the said Association of Local Governments of Nigeria, and Federal Government of Nigeria on the other that the entire said sum of N7,740,000,000.00 should be used to procure equipment for the Nigeria Police Force and thereby committed an offence punishable under Section 312 of the Penal Code Act Cap 532 Laws of the Federation of Nigeria (Abuja) 1990”

When the amended charges were read to the accused, Kenny Martins and his co-accused pleaded not guilty to the charges. Chile Okoroma, counsel to EFCC said the amended charges were based on fresh evidences from witnesses who testified in court in one of the early sittings.

Mike Ozekhome, counsel to the accused persons did not object to the amended charges. He admitted that he has been dully served but that he needed time to study the charges and make his submissions. He pleaded with the judge to allow the accused persons return home as he had earlier granted them bail which they have never flouted.

“They have always been available in court and they have never failed to attend court meeting”, he argued.

Kenny Martins and others who were first arraigned by the EFCC for misuse of public fund totaling N800 million were granted bail by Justice Abubakar Talba on July 3, 2008 on such conditions as a bank guarantee of N10 million each, two reliable sureties in like sum, and the sureties to deposit a certificate of occupancy of a property within Abuja municipality.

Justice Talba at the end of today’s sitting fixed November 9 for the adoption of the written submission of both the prosecution and defence counsel.