The trial of Imaobong Akon Esu-Nte, Head, Capital Accounts
Unit, Nigeria Prison Service commenced today March 17, 2015 before
Justice Adegbola Adeniyi of the Federal Capital Territory High Court, Apo, Abuja, with the
prosecution witness telling the court how the accused awarded multi-million
naira contracts to her companies.
First prosecution witness Sini Omar John, a Superintendent
of Police with the
EFCC, while being led in evidence by the prosecuting counsel, Aso Larrys
Peters, told the court that Esu-Nte, during investigation, was found to be a
civil servant on Grade Level 14 in the Office of the Accountant-General of the
Federation before she was seconded to the Nigeria Prisons Service and put in
charge of contract payments, among others.
He further disclosed that Esun-Nte incorporated five companies-
Abasiaga Global Resources, Abasiono Nigeria Limited, Ememima Global Ventures Limited, ID Integrated
Petroleum Product Limited and Darima Properties- between 2008 and 2011.
According to John, the accused, in November 2011, awarded Abasiaga Global
Resources Limited a contract to the tune of N14,000,000( Fourteen Million
Naira).
He added: “She also awarded ID Integrated a contract worth N55 million and many more. After
the investigation, the accused was invited and was showed the facts of the case. She then explained her own
side of the story. She admitted to all
the facts thereafter and wrote a statement with the word of caution written on
it.’’
Upon this submission, the prosecuting counsel tendered in evidence
the document containing the contracts as awarded by the Nigeria Prisons.
However, the defence counsel, Titus O. Ashaolu, SAN, questioned
the admissibility of the documents, citing Section 104 (1) of the Evidence Act. ‘‘My Lord, these documents are not certified. For a public
document to be admissible, it must have the following: date, signature, designation of the person
issuing it and a prescribed fee as stated in Section 104 of the Evidence
Act’’.
But EFCC counsel Larrys Peters urged the court to discountenance Ashaolu’s argument, maintaining that ‘‘the
documents are duly certified.’’
After listening to counsel, Justice Adeniyi ruled that the document should be admitted in
evidence, and marked P1a-P1q.
Although EFCC counsel also prayed the court to admit the accused
person’s written statement in evidence, the move was opposed by Ashaolu, SAN
who told the court that his client allegedly wrote it under duress. He pleaded
that the court should order a trial within trial.
Justice Adeniyi granted his prayers.
Esu-Nte, who was arraigned on November 14, 2014, is alleged to
have abused her office by stealing over N83million of Prisons funds with which
she acquired exotic cars and property across the Federal Capital
Territory, FCT.
She had pleaded not guilty to the charge and was admitted to bail.
However, it will be
recalled that in the bid to forestall her trial, the accused, through her counsel, filed an application
challenging the jurisdiction
of the court to entertain the
charge and as well as the competence of the charge.
Justice Adeniyi, on
February 10, 2015, however, dismissed the application on the grounds
that it lacked merit.
But Ashaolu today informed the court that he had filed a motion dated 20th February, 2015
seeking leave of court to appeal the ruling of February 10, 2015.
The matter has been adjourned to April 30, 2015.
No comments:
Post a Comment