Justice I. E. Ekwo of the Federal
High Court sitting in Calabar, Cross Rivers State has remanded the Chief
Medical Director of University of Calabar Teaching Hospital, Professor Thomas.
U. Agan, two other staff of the University and promoters of two companies in
prison custody.
This following their
arraignment on Monday by the Economic and Financial Crimes Commission,
EFCC on a five- count charge bordering on alleged conspiracy, bid
rigging, abuse of office and breach of due process contrary to the Procurement
Act of 2007
Two other staff of the Teaching
Hospital arraigned with Agan are: Offor Jonan Offor, Head, Works and
Engineering and Francis I. Utu, Chief Administrative Officer and Head, Legal
Services. The other two accused persons remanded in prison are Okocha Anthony
and Emmanuel Etta Nkim, both owners of Anchor Industrial &
Construction Services Nigeria Limited and Basemark Energy Nigeria Limited respectivel.
The companies were allegedly used to perpetrate the fraud.
Agan and his two other colleagues
were alleged to have used their positions to corruptly influence the award of
the purchase of a Life Support Ambulance Vehicle and one Toyota Coaster Bus to
Anchor Industrial and Construction Services Nigeria and Basemark Energy Nigeria
Limited by inflating their costs and without following due procurement
processes to the tune of N85, 062,000.00 thereby contravening the provisions of
the Public Procurement Act 2007.
Count one of the charge read, “That
you Prof. Thomas U. Agan as Chief Medical Director, University of Calabar
Teaching Hospital, Offor Jonah Offor as Head of Works and Engineering,
University of Calabar Teaching Hospital, Francis I. Utu as Chief Administrative
Officer and Head of Legal Services, University of Calabar Teaching Hospital,
Okocha Anthony being the alter ego of Anchor Industrial and Construction
Services Nigeria Limited and Emmanuel Etta Nkim being the Alter Ego of Basemark
Energy Nigeria Limited sometime in the month of October 2015 in Calabar,
Cross Rivers State within the jurisdiction of this honourable court did
conspire amongst yourselves to bid rig for the purchase of one Advance Life Support
Ambulance vehicle and one Toyota Coaster Bus 30 seater to Messrs Basemark
Energy Nigeria Limited and Anchor Industrial and Construction Services Nigeria
Limited contrary to Section 58(4) of the Public Procurement Act (PPA) 2007 and
thereby committed an offence punishable under Section 58(5) of the same Act”.
When the charges were read to the
defendants, they all pleaded not guilty.
In view of their pleas, prosecution
counsel, Kayode Oni asked the court to remand the defendants in prison
custody and to fix a date for trial. However, an attempt by the defence
counsel, Mba Ukwenyi, Senior Advocate of Nigeria, SAN, to move an oral
application for bail for his clients was refused by the judge who ordered that
a formal application be filed.
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