three others before Justice Jude Okeke of a Federal Capital Territory, FCT
High Court, Maitama.
Mr Lawal along with his younger brother, Hamidu David Lawal, Suleiman
Abubakar, Apeh John Monday and two companies, Rholavision Engineering Ltd
and Josmon Technologies Ltd, were re-arraigned on an amended 10-count
charge bordering on fraud, diversion of funds and criminal conspiracy to
the tune of over N500 million.
They were earlier arraigned before Justice Okeke on February 13 and the
prosecution was meant to open its case today, March 18.
At the resumed hearing, counsel for the EFCC, Offem Uket, told the court
that the charges against them had been amended, and that they had to take
a fresh plea.
However, citing Section 218 (2) of the Administration of Criminal Justice
Act, ACJA 2015, Akin Olujimi, counsel for Mr Lawal, argued that “before
the charge is taken, the prosecution ought to have filed the amended
charge to ensure that it was properly endorsed”.
Other defence counsels aligned themselves with the submission of Olujimi.
Justice Okeke, while ordering the prosecution to comply with the section
cited by Mr Olujimi, however, ruled that in the interim, the amended
charges be read to the defendants.
One of the counts reads: “That you, Engineer Babachir David Lawal, while
being the Secretary to the Government of the Federation (SGF) and a
director of Rholavision Engineering Ltd on or about the 22nd August 2016
at Abuja in the Abuja Judicial Division of the High Court of the Federal
Capital Territory did knowingly hold indirectly private interest in the
contract awarded to Josmon Technological Ltd but executed by Rholavision
Engineering Ltd for the removal of invasive plant species and simplified
irrigation to the tune of N258,132,735.99 (Two Hundred and Fifty Eight
Million, One hundred and Thirty Two Thousand, Seven Hundred and Thirty
Five Naira only) by the office of the Secretary to the Government of the
Federation (OSGF) though the Presidential Initiative for North East (PINE)
and thereby committed an offence punishable under Section 12 of the
Corrupt Practices and Other Related Offences Act, 2000.”
They pleaded “not guilty” to the amended charges.
The defence team, thereafter, prayed the court to allow the defendants to
continue with the bail earlier granted them by the court.
The request of the defence was granted by Justice Okeke, who adjourned to
April 11, 2019 for “commencement of trial”, noting that, “the court is
minded to grant an adjournment due to the amendment of the charges.”
The Court had earlier granted the defendants bail in the sum of N50
million, with one surety in like sum, who must be resident within the
jurisdiction of the court, and must be owner of a landed property within
the jurisdiction of the court, with evidence of three years tax payment.
The international passports of the defendants were also ordered to be
deposited with the court.