Justice Adamu Bello of the Federal High Court, Abuja on Thursday August 29, 2013 tendered an unreserved apology for the delay in ruling on a no case submission brought by former Executive Secretary, Universal Basic Education Commission, UBEC, Prof. Bridget Omotunde Sokan and six others in the N787 million fraud case instituted against them by the Economic and Financial Crimes Commission.
The other accused persons who were first
arraigned on May 18, 2009 on a 63-count charge that borders on fraudulent inducement, criminal conspiracy
and subversion of due processes in the award of contract and other offences are: Molkat Manasseh Mutfwang, Dr.
Andrew Ekpunobi, Michael Aule and
companies used in perpetrating the fraud, Intermarkets USA; Intermarkets Nigeria
Limited and Alexander John Cozman, a foreign contractor.
At the resumed hearing of the case
today, Justice Bello said that his inability to deliver the ruling on November
6, 2012 was due to the overwhelming volume of cases before him.
“I
have to seek your consent in summoning you all in spite of the break to
re-adopt your addresses before I can proceed in delivering this ruling”, he
said.
In re-adopting his response to all the
written addresses brought by the accused persons, the prosecution counsel,
Wahab Shittu Stated: My Lord, I urged the court to be guided by the fact that
the only legal requirement at this stage for consideration was whether there
are legally admissible evidence and material entitling the accused persons to
respond to the accusation against them by way of defense.”
He further prayed the court to call upon
the accused persons to enter into their defense as there is legally admissible
evidence for them to do so.
Earlier, the team of defense lawyers
which include Caleb
Muftwang, I.K. Ijeoma, R.Okotie Eboh,and Oluwole Aladoyin gave a brief of their
written addresses as it pertained to their dates of submission and went on to
re-adopt same in support of their no case submission.
One after another, they urged the court to discharge
their clients as, according to them, there was no case against them.
It would be recalled that the case which has
lingered for five years, has seen the EFCC calling up several witnesses
including Dr Ahmed Modibo Mohammed, Executive
Secretary Universal basic Education Commission, UBEC; Mr.
Shamsudeen Umar, Assistant Manager, Corporate Affairs Commission, CAC; Usman Tahir who was part of the investigation team from
EFCC and Ben Agweye, a forensic expert.
From their testimony, four of the six
companies that bided for the supply of plastic chairs and desk to all junior
secondary schools in the federation had no evidence of registration with the
CAC.
They further stated that there was no competitive
bidding process leading to the award of contract neither was there any
newspaper advertisement in line with extant procurement regulations. It was
also revealed by the Evaluation Report that over Seventy Hundred Eighty Seven million
Naira (N787m) was paid as mobilization fee representing 85% of the contract sum
as against the 25% in the “contract agreement”.
Justice
Bello has reserved September 18, 2013 for ruling.
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