Saturday, February 2, 2013

Farouk Lawan remanded in prison •Pleads not guilty to $620,000 bribery charge

JUSTICE Mudashiru Oniyangi of an Abuja High Court on Friday remanded the former Chairman and the Secretary of the House of Representatives Ad Hoc Committee on Subsidy Probe, Honorable Farouk Lawan and Mr. Emenalo Boniface, in prison custody till next Friday when ruling will be delivered in their bail application.
The Federal Government had, through a private prosecutor, Chief Adegboyega Awomolo (SAN), arraigned the accused on a seven-count charge bordering on the collection of $620,000 bribe from an oil magnate, Femi Otedola, in order to doctor the report of the committee in favour of Zenon Oil and Gas.
Lawan, who arrived in court before 9:00a.m. in the company of his friends and associates in a black Toyota Jeep, wore a white flowing guinea material with a brown cap.
When called to enter into the dock, Lawan walked confidently, looking bright and radiant without any element of remorse and pleaded not guilty to the seven-count charge read to him.
Lawan was charged under the Corrupt Practices and other related Offences Act, 2000.
The defence counsel, Ricky Tarfa (SAN), brought an application for bail, which was filed by 9:00a.m.
He premised his application on Section 35 and 36 of the 1999 Constitution, praying the court to exercise its discretion in admitting the accused to bail on self recognisance.
Tarfa further submitted that the court should consider the status of the accused as a serving lawmaker and a member of the ECOWAS Parliament, adding that the accused was always available at the police station during investigations.
But opposing the bail application, Awomolo urged that the court while exercising its discretion should do so judicially and judiciously.
He submitted that the accused persons did not give an undertaking in their affidavit that if allowed to go back to the National Assembly, they would not demand for another bribe.
He also submitted that Lawan was part of those that enacted the ICPC Act 2000, under which he is being prosecuted, and that it was enough reason for his bail application to be turned down.
Awomolo further urged the court to consider the offence of the accused which carries between two and seven years in jail.
Delivering a short ruling, Justice Oniyangi held that considering the fact that the bail application was filed the same day, the court would need time to look into the submissions of both parties.
The court later adjourned till February 8 for ruling on the bail application and, possibly, trial.
Justice Oniyangi then ordered that the accused persons be remanded in prison pending ruling on the bail application.
The accused persons later spent additional three hours waiting in the courtroom to collect their remand order.
At about 1:00p.m. when the court rose, the remand order was handed over to the police as they led Lawan, who by then had become sober, into a black Ford Hilux van with registration number KANO AE 102 TRN.
The accused persons were eventually driven out of the court premises at about. 1:30pm.
Saturday Tribune recalls that at the wake of oil subsidy crisis last year, the House of Representatives set up an adhoc committee, headed by Lawan, to probe the oil subsidy regime.
The committee had indicted some firms and individuals of short-changing the subsidy regime to the tune of N1.7 trillion, and it consequently recommended their prosecution by the Economic and Financial Crimes Commission (EFCC).
However, Otedola alleged that the Farouk-led adhoc committee demanded $3 million bribe from him, out of which he paid $0.6 million as gratification in order to strike out the name of his company, Zenon Oil, from the list of indicted firms.
Count one of the seven-count charge reads: “That you, Hon. Farouk Lawan and Mr. Emenalo Boniface, sometimes in April 2012 or thereabouts at Abuja within the Federal Capital Territory under the jurisdiction of this honorable court did, while acting in the course of your official duties as Chairman and Secretary of House of Representatives ad hoc committee on monitoring of fuel subsidy regime, conspired between yourselves and with each other to corruptly obtain the sum of $3,000,000 for yourselves from Mr. Femi Otedola, Chairman, Zenon Petroleum and Gas Ltd, to remove the name of the company from the House of Representatives ad hoc committee on monitoring of fuel subsidy regime’s report, and did cause the House of Representatives to remove the name of Zenon Petroleum and Gas Ltd from the said list, and you thereby committed an offence contrary to Section 26(1)(c) of The Corrupt Practices and other related Offences Act, 2000 and punishable under Section 8(1) of the same Act.”

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