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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