Date Published: 03/04/10

N5.2bn Scam: You have a Case to answer, Court tells Elumelu, Ugbane, Others

The prosecution of Hon. Ndudi Elumelu, Senator Nicolas Ugbane, Hon. Jibo Mohammed and six others by the Economic and Financial Crimes Commission , EFCC, for dipping their hands into the N5.2 billion Rural Electrification Agency, REA, fund, got a boost on Thursday, when Justice Adebukola Banjoko of the FCT High Court, Gudu, Abuja, dismissed the application by two of the accused to quash the corruption charges against them.

The Judge had on November 10 , 2009, thrown out, a similar application by Senator Nicholas Ugbane, erstwhile Chairman   Senate Committee on Power, seeking to quash the fraud case against him.

EFCC, had on Friday 30 th October, 2009, preferred a fresh 130 count-charge against Hon. Godwin Elumelu, Senator Nicholas Ugbane and seven others at the FCT High Court, Abuja , for defrauding the government to the tune of over N5.2 billion in the Rural Electrification Agency project.

After Ugbane’s application was thrown out, Hons Elumelu and Jibo filed a similar application to quash the charges against them. The other accused persons are Engr. Samuel Ibi Gekpe, Dr. Abdullahi Aliyu, Simon Kirdi Nanle, Engr. Lawrence Kayode Orekoya, Abdulsamad Garba Jahun and Barrister Kayode Oyedeji.

While ruling Thursday on the motion to quash the case, Justice Banjoko stated that a prima facie case has been established for the trial of the suspects to proceed.

According to the Judge, the accused have a plain ground to convince the court that they are not guilty by the time the case proceeds to trial.

“It is not whether the accused is guilty but whether there is a reasonable ground for the accused to be prosecuted”, Justice Banjoko said.

Elumelu’s counsel, Barrister Olushola Dare, had in November 2009, prayed the court to quash the charges levied against his client as he said that there is no substantial proof of evidence.

The counsel also told the court that there should not be generalization of charges; as to him, going by the Evidence Act, the charges levied against his client ought not to be generalized.

Counsel to EFCC, Barrister Godwin Obla, however, said since it is a criminal case of fraud and conspiracy which involves all the accused parties, the joint charges filed against them are in order.

Justice Banjoko adjourned the case to May 10, 2010, for hearing on the substantive case.