…As Co-accused Bags Five-Year Jail Term
SAN FRANCISCO, October 02, (THEWILL) – A big relief came for former chairman of the ruling Peoples Democratic Party (PDP), Prince Vincent Ogbulafor, Thursday, as a High Court sitting in Abuja discharged and acquitted him of the 17 – count charge of corruption leveled against him by the Independent Corrupt Practices and related Offences Commission (ICPC).
But the former Secretary of the National Economic Intelligence Committee (NEIC), Emeka Ebila, who was charged along with Ogbulafor was found guilty of all charges and was therefore convicted and sentenced to a five-year jail term without an option of fine.
On May 10, 2010, ICPC had arraigned Ogbulafor and Ebila over allegation that Ogbulafor, while serving as Minister of State for Special Duties in 2001, conspired with the Ebila to float three fictitious companies with which they allegedly perpetrated the fraud.
They were also accused of using Henrichiko Nigeria Limited, DHL Consultants and Chekwas Industries to fraudulently obtain N82.6 million, N11.5 million and N6.2 million in 2001.
The court had last Tuesday issued a bench warrant for Ebila’s arrest after refusing to appear in court for three consecutive times and when he appeared Thursday, he was on a wheel chair, looking apparently ill.
In his judgement, the trial judge, Justice Ishaq Bello, ruled that there was nothing in the argument of the prosecution that linked the first accused (Ogbulafor) to the alleged crime.
Justice Bello also held that going by the confessional statement of the second accused person (Ebila), it was clear that there was no conspiracy between him and the first accused person.
The court further held that the prosecution also failed to prove the ingredients of conspiracy before the court.
According to Justice Bello, “It is clear from the evidence that the first accused person was not given any money; even the second accused in his evidence stated that he did not give the first accused any money.
“Prosecution did not tender any bank account showing lodgement of any money to the benefit of the first accused.
“The only money given by the second accused person to the first accused person was N2 million and that was after the first accused had left office as a public servant.
“From the evidence, the second accused person is the mastermind of all the allegations on which this charge is predicated.
“I did not see any conspiracy as alleged by the prosecution on the first accused person. The prosecution has failed to prove his case beyond reasonable doubt against the first accused person, he is hereby discharged of all the charges.,”
Justice Bello stated as he discharged and acquitted Ogbulafor.
However ruling on Ebila, the trial judge said: “Whereas the second accused person is hereby found guilty of all the charges against him. He is therefore guilty as charged.”
Prior to the ruling, counsel to the convict had prayed the court to be lenient with his client (Ebila) considering that he was a first offender and had been ill.
But Justice Bello noted that Section 19 of the ICPC Act under which the accused was charged did not give room for variation and he was not ready to deviate from it.
According to Justice Bello, “The situation does not call for sympathy, I can only recommend maximum healthcare for the convict by the authority of the prison.
“The convict is hereby sentenced to five years imprisonment without an option of fine. Other penalties connected will also be paid concurrently.”
In the 17-count charge, Ogbulafor was accused of using his position as the Head of NEIC set up to verify debts owed local contractors, to okay as genuine, several forged documents.
He was also accused of relying on the forged documents to certify that the three fake companies successfully executed jobs worth N104 million.
Ogbulafor was also accused of collecting N2 million and N28 million kickbacks from Ebilah.
The offences contravened Section 19 of the Corrupt Practices and other Related Offences Act, 2000.
While adopting his final written address on June 24, Ogbulafor’s counsel, John Egwuonwu, had pleaded with the court to discharge and acquit his client on all the counts, arguing that the prosecution failed to link his client to the crime.
Egwuonwu also urged the court to dismiss the “confessional statement” of Ebila that the sum of N28 million was paid to Ogbulafor with two bank drafts .
Judgement in the matter had been delayed because of the absence of Ebila in court three times after trial was concluded but Ogbulafor was always in court throughout the trial.
Justice Bello had fixed September 22 for judgement but Ebila’s absence on that day made him to adjourn till September 24 and as usual, Ebila was also not present, a situation that made the court to adjourn till Tuesday.
When the matter came up on Tuesday, the second accused person was still not in court.
His counsel, Mrs. E.S Osagie, prayed the court for another adjournment stating that Ebila was sick and presently on admission at the National Hospital, Abuja, an application the prosecution counsel, Yemi Akanmode, did not oppose .
But Ogbulafor’s counsel, Egwuonwu, opposed the application , saying it was not mandatory for an accused person to be in court when judgement was to be delivered in as much as his counsel was around.
He argued that Osagie had failed to convince the court by presenting a medical letter from the National Hospital Abuja to prove that Ebila was truly ill.
