Debriefs prosecutor-lawyer for “misleading commission”
The Economic and Financial Crimes Commission, (EFCC) has withdrawn an appeal to set aside the judgment of a Federal High Court discharging four officials of Universal Basic Education Commission (UBEC) and a contractor in a N787 million fraud case.
Also, the anti-graft agency has de-briefed its prosecutor, Mr. Wahab Shittu, for what a top official of the agency described as “unethical practice”.
Justice Adamu Bello had on September 19, 2013, upheld the no-case submission by the UBEC officials and contractor, and was hailed by Shittu as an “erudite ruling.
Four days later, Shittu filed an appeal on behalf of EFCC.
However, in a notice dated October 25th, 2013 and signed by EFCC’s Chief Legal Officer Mr Sylvanus Tahir, the commission made a volte face.
Wrote EFCC, “Take notice that the Appellant herein intends and doth hereby wholly withdraws its appeal dated and filed on the 23rd September 2013, against the Respondents in the above mentioned appeal.”
A top EFCC source told Pointblanknews.com that the legal department had warned on the futility of prosecuting the suspects, but were ignored.
The official said they had warned on the danger of relying solely on the immediate past Executive Secretary of UBEC, Dr. Modibbo Mohammed Ahmed as prosecution witness.
Justice Adamu had lashed EFCC for relying on Modibbo, whose oral testimonies crashed in the face of documents tendered by the defence counsels.
The judge had specifically chided Shittu for failing to produce as witness Prof. Gidado Tahir, who was UBEC Executive Secretary when the contentious contract was sealed.
The agency’s volte-face apparently had taken Shittu by surprise. The lawyer did not seem to know that his clients had withdrawn an appeal he filed.
The lawyer told Pointblanknews.com on the telephone that as EFCC prosecutor, the appeal was “on course.”
He said, “It is not true. Nobody has withdrawn the appeal. It is on course. In fact, the files are with me and we are pursuing the appeal to its logical conclusion.”
However, when intimated that EFCC had indeed filed a notice of withdrawal, a panicky Shittu appealed to Pointblanknews.com not to report the story.
Justice Bello had in discharging the seven accused persons, chided EFCC for conducting shoddy investigations.
The judge described the prosecution as a vendetta against the accused persons, whom he further held were made scapegoats because they questioned the status quo.
On May 18, 2009, EFCC arraigned seven persons on a 63-count charge of fraudulent inducement, criminal conspiracy and subversion of due processes in the award of contract and other offences.
The accused included suspended deputy Executive Secretary of UB EC, Prof. Bridget Sokan, Molkat Manasseh Mutfwang, Dr. Andrew Ekpunobi and Michael Aule. Also arraigned was Intermarkets USA, Intermarkets Nigeria, as well as Managing Director Alexander John Cozma.