N5.2 billion Scam: Court Rules On Elumelu, Others On March 4

Justice Abimbola Banjoko of the FCT High Court, Gudu, Abuja, on Thursday, January 21 asked Hon. Ndudi Elumelu and other accused persons in the Rural Electrification Agency, REA, N5.2 Billion contract scam, to align their position on the issue of quashing of charges levelled against them by the Economic and Financial Crimes Commission, EFCC, as the court would no longer accommodate separate applications for the same purpose.

The court had on November 10, 2009 thrown out a similar application by one of the accused, Senator Nicholas Ugbane, erstwhile chairman Senate Committee on Power, seeking to quash the criminal charges against him.

At the resumed hearing of the case on Thursday, Elumelu’s counsel, Barrister Olushola Dare, also prayed that the court should quash the charges against his client as he said that there was no substantial proof of evidence to prosecute the accused.

The counsel also told the court that there should not be generalization of charges stressing that going by the Evidence Act, the charges levelled against his client ought not to be generalized.

The prosecution counsel, Barrister Godwin Obla, however, said since it is a criminal case of fraud and conspiracy, which involves all the accused parties, the joint charges filed against them are in order.

Citing the ruling of Justice Abimbola Banjoko in the case of Senator Nicholas Ugbane, all the parties are accomplices and therefore, their charges can neither be quashed nor separated.

Barrister Wale Balogun, Counsel to the sixth accused person, Abdulsamad Garba Jahun, objected to the position of Obla, saying that he should stop anchoring on Justice Banjoko’s ruling but should base his argument on the Evidence Act.

But Obla said that since Justice Banjoko’s judgment has not been challenged in any court of jurisdiction, it remains a reference point of law.

At that point, the trial judge ordered Balogun to take his seat if he has no reply to Obla on the point of law.

She however adjourned the case till March 4, 2010, for ruling on the consolidated motion on whether to quash the charges or not.

EFCC, had on Friday 30^th October, 2009, preferred an amended 130 count-charge against Hon. Godwin Elumelu, Senator Nicholas Ugbane and seven others at the FCT High Court, Abuja, for defrauding the government to the tune of over N5.2 billion in the Rural Electrification Agency project.

The nine accused persons have also been separated in the fresh charges. The three lawmakers are jointly facing a 62-count charge while the other six accused are jointly facing a 68-count charge. The three lawmakers are: Hon. Godwin Ndudi Elumelu, and Hon. Mohammed Jibo, both members of the House of Representatives as well as Senator Nicholas Yahaya Ugbane.

The other accused persons are Engr. Samuel Ibi Gekpe, Dr. Abdullahi Aliyu, Simon Kirdi Nanle, Engr. Lawrence Kayode Orekoya, Abdulsamad Garba Jahun and Barrister Kayode Oyedeji.  

They were first arraigned by the EFCC on Thursday 14 May, 2009.