… Fraudsters Bag 21 Years Jail Terms for N30m Scam, Former SSG, Others Challenge Jurisdiction of Court In Edo SUBEB Fraud Suit
BEVERLY HILLS, October 28 (THEWILL) – The Economic and Financial Crimes Commission, EFCC, Tuesday arraigned the trio of Ibrahim Abubakar, Abubakar Maigaskiya and Bashir Musa before Justice Faruk Lawal of a Kano State High Court on two separate charges bordering on conspiracy to obtain money by false pretence.
While the 1st accused, Ibrahim Abubakar was docked on a 13-count charge, the duo of Abubakar Maigaskiya and Bashir Musa were slammed with a 2-count charge. The accused persons alongside three others currently at large were alleged to have sometime in June 2009 conspired among themselves and forged documents purportedly emanating from the Federal Medical Centre, Birnin Kebbi, Kebbi State, for use in obtaining a N93million loan facility from a new generation bank.
The other suspects are Aminu Garba Gulma, Muhammed Surajo and Yunusa Abdullahi. Because of their absence in court, the charge had to be separated to facilitate the speedy trial of the accused persons that were ready for trial.
While moving the motion to split the charge, the prosecution counsel, M.S Abubakar submitted that in order not to continue delaying the trial of the accused persons present in court and for the purpose of fair hearing the 1st, 5th and 6th accused persons should be tried separately pending the appearance of the other accused persons.
Counsel to the1st accused person M.E Sheriff and counsel to 5th and 6th accused persons did not object to the motion.
The three accused however pleaded not guilty when the charges were read to them.
They were however remanded in prison custody pending hearing of their bail applications. The case was adjourned to October 31, 2014.
In another development, Justice Fatu Riman of the Federal High Court Kano Tuesday convicted and sentenced the duo of Mohammed Adam Mansur and Mohammed Auwal to twenty one years imprisonment after they pleaded guilty to the 3-count charge of conspiracy and obtaining money by false pretence preferred against them by the Economic and Financial Crimes Commission, EFCC.
The convicts were arraigned by the Commission on July 9, 2013 for conspiracy and attempt to defraud one Alhaji Auwal Ayagi under the pretext that they were agents to Visafone Communications Limited, (Zoo Road, Kano outlet) and that their company wanted to purchase land from the complainant at the cost of N30, 000,000. They demanded 10 percent commission which they asked the complainant to pay into their bank account.
Upon arraignment they pleaded not guilty but, in the cause of trial, after the prosecution had called one witness, the duo dramatically changed plea and owned up to their crime.
Consequently, the prosecuting counsel, Idris Haruna urged the court to convict them accordingly.
Justice Riman consequently convicted the accused persons and sentenced them to twenty one years imprisonment each without option of fine. The sentence of the first convict who has been in prison custody since arraignment for failure to meet his bail terms is to start from the date of arraignment.
Meanwhile, the EFCC on Monday arraigned one Chief Igwe Chukwudi Titus before Justice D.V. Agishir of the Federal High Court, Enugu on a 6-count charge of obtaining money under false pretence contrary to section 1 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.
Titus allegedly collected the sum of N5.5m (five million, five hundred thousand naira) from one Sir Thaddeus Ugonna Ezeorah and six others for eleven (11) plots of land located beside PRODA, Emene Industrial layout, Enugu.
The accused person was also alleged to have fraudulently resold about 20,220 square metres of the said land, which belong to Emene Nike Community to S. C. Dubinson Nigeria Limited.
Count one of the charge reads:”That you Chief Igwe Chukwudi Titus on or about the 22nd day of June, 2013 at Enugu, Enugu State within the jurisdiction of the Federal High Court of Nigeria, with intent to defraud obtained the sum of N1,000,000.00 (One Million Naira) from Mr. Leonard Ogbonna Orsu, when you falsely represented to him that you have the mandate of the Emene Nike Community to sell to him two plots of land known as Plot IN/110 and IN/11, Emene Industrial Layout Enugu, which pretence you knew to be false and thereby committed an offence Contrary to Section 1 (b) of the Advance Fee Fraud and Other Fraud Related Offences Act No. 14 of 2006 and punishable under Section 1 (3) of the same Act”.
The accused person pleaded not guilty to the charge when it was read to him.
Upon his plea, counsel to EFCC, Marshal Umukoro Onome asked the court for a date for trial to commence and urged the court to remand the accused in prison custody.
However, counsel to the accused person, S. C. Chime through an oral application prayed the court to admit his client to bail saying he will be available for trial.
Justice Agishir after listening to the submissions of the counsel ordered the accused person to be kept in EFCC custody and adjourned the matter to November 6, 2014 for hearing of the bail application and commencement of trial.
Also, Justice E. A. Edigin of the Edo State High Court has adjourned to Thursday October 30, hearing on the preliminary objection in the case instituted by the Economic and Financial Crimes Commission against the quartet of Joseph Sule Emoabino, David Igbiniba, Aghator Efe and Dr Simon Imuekemhe (former Chairman, Secretary, Director of Finance and Accounts, State Universal Basic Education Board and a former Secretary to Government of Edo State respectively).
At the resumed hearing on Monday, counsel to the first accused, Charles Adogah, SAN, told the court that he had filed a preliminary objection challenging the jurisdiction of the court and that the charge against the first accused person is irregular and unconstitutional.
However, EFCC counsel, Aso Larry Peters told the court that the matter was for trial and that he came with two witnesses. He said he was served with notice of the preliminary objection by the defence counsel that morning.
“The notice was filed in June but served on us this morning. We are surprised by this motion. We came for trial but we are surprised by the objection challenging the jurisdiction and raising constitutional issues” EFCC counsel said in view of the motion he was statutorily entitled to time to response.
Justice Edigin then asked the defence counsel if he took cognisance of Section 167 of the Criminal Procedure Law and that the matter was meant to be heard all through the working days of the week . Counsel to the first accused person who said he was appearing in the matter for the first time, told the court that he was at liberty to raise the issue of objection at any time.
Justice Edigin said she would partly blame the Senior Advocate for not ensuring that prosecution was served before now. She then adjourned to Thursday, October 30, for hearing of the preliminary objection.
The accused persons were first arraigned by the Commission in February 2015 on an 8-count charge of allegedly spending sums allocated for a particular project on another project, contrary to Section 22 (5) of the Corrupt Practices and Other Related Offences Act 2000.
One of the counts reads: “Joseph Sule Emoabino, David Eson Igbiniba, Aghator Gaskin Efe and Dr. Simon Imuekemhe being chairman, Secretary, Director of Finance and Accounts of State Universal Basic Education Board, Edo state and Secretary to Government of Edo State respectively, on or about the 5th of June, 2012 in Benin within the jurisdiction of Edo State High court spent the sum of N16,853,242.58 (sixteen million eight hundred and fifty three thousand, two hundred and forty two naira, fifty eight kobo) for construction of perimeter fence in Ivbiore Primary School Ugbor, a project not covered by the intervention funds allocated by the state Universal Basic Education Commission/state Government and thereby committed an offence”
Particulars of count two read that the accused persons spent the sum of N13, 216, 457.26 for the renovation of six classrooms block in Ikirodah Primary School Ugiekha, a project not covered by the intervention funds of SUBEB/State government.
On count five, they were alleged to have spent the sum of N12, 405,154.25 for the renovation of six classrooms blocks in Ikabigbo Primary School Ikabigbo, a project not covered by the intervention funds of SUBEB/State government.
Particulars of counts six and seven alleged that the accused persons spent the sum of N22, 190,434.77 and N13, 146.757.42 for the renovation of six classroom/office blocks in Ogan/Oviawe Primary Schools and construction of perimeter fence, water closet suites and drilling of borehole in Ebenezer Primary School Benin-City, projects not covered by the intervention funds of SUBEB/State government.
