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Tuesday, August 29, 2006

Corruption: EFCC sues Zamfara gov

MALACHY UZENDU, Abuja

Governor Ahmed Sani Yerima of Zamfara State and seven others including the Secretary to the State Government (SSG), Alhaji Abubakar Moriki were yesterday charged before Federal High Court, Abuja on 36-count charge of laundering about N750 million and conspiracy by the Economic and Financial Crimes Commission (EFCC).


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EFCC has also called for the upgrading of minimum educational qualification of aspirants into state House of Assembly, noting that the current General Certificate of Education (GCE) ‘O’Level was no longer realistic given the enormity of law-making responsibility.

In the court yesterday, Alhaji Moriki, along with the state’s Commissioner for Local Government and Chieftaincy Affairs, Alhaji Idris Mohammed Keta and the Secretary to the State Finance and General Purpose Committee, Alhaji Bala Wakili, were the three Zamfara officials arraigned.

Alhaji Moriki, Keta and Wakili pleaded not guilty to the charges which made presiding Justice Babs Kuewumi to rule that he would decide on their bail application tomorrow.

The three officials had been detained by the EFCC since July 7, over alleged financial mismanagement in the state which allegedly border on “gross misappropriation of about N750 million local government funds, award of contracts, Ecological funds, Education Tax Funds, illegal bank loans”.

Governor Sani whose name appeared on the charge sheet, could not be arraigned by the EFCC because of the immunity clause of Section 308 of the constitution, which protects him from civil and criminal proceedings while in office.

In the same suit, an automobile company, IAA Motors was also charged to court, while the other Zamfara officials including the Accountant General, Kasimu Mohammed Anka, the state Commissioner for Finance, Bello Makau and Abdulaziz Abubakar Yari were said to be at large.

Also in the same court but on separate two-count charge, Moriki and Yerima were alleged to have conspired to commit money laundering involving N2.2 billion.

They were accused of allegedly converting the money to purchase generator for personal use in order to conceal the source of the money.

On the two-count charge, Moriki, pleaded not guilty and was granted bail in the sum of N2 million and one surety in like sum because the prosecution raised no objection to the bail application.

Justice Kuewumi in granting the bail stated that the surety “must be owner of a developed plot in Abuja, which would be verified by the Registrar of the court while hearing in the case commences on October 18.

In the other 36-count charge, sundry offences of illegal transfer of various sums of money through the Standard Trust of Nigeria (STB) now United Bank for Africa (UBA) contrary to 17 (a) of the Money Laundering Act 2004 and punishable under Section 14 of the Act were raised.

In court to argue for the bail of the three Zamfara officials docked was Dr. Olumide Ayeni, who stood in for Mallam Yusuf Ali (SAN), who was away to Port Harcourt, Rivers State.

Ayeni urged Justice Kuewumi to grant bail to the accused persons, saying the three-year jail term punishment if found guilty of the offence against them was not such that could justify not admitting them to bail.

According to him, the 36 count charges are duplications, which could be compressed into 18 charges of conspiracy and money laundering.

Ayeni pointed out that the offences for which the Zamfara State officials are charged do not carry sentences more than three years.

He explained that bail was a constitutional right of the accused persons, saying that the prosecution had not placed sufficient fact before the court to warrant their continued detention. Ayeni further told Justice Kuewumi that the prosecution had not filed proof of evidence against his clients who had been in detention since July 7, this year.

But EFCC counsel, Mr. Ofem Uket opposed the request for bail. According to him, the issue of bail is at the discretion of the court, saying that such discretion must be exercised judiciously and judicially.

“What we have before court is 36 count charge involving acts of commission on specific dates and those acts are till being committed in Zamfara State”, Uket said.

He maintained that there are other accused persons still at large, saying that the three Zamfara officials arraigned before the court are supposed to act as trustees for the people of the state in the management of the public fund.

Uket further said that the EFCC intends to file further charges against the accused persons in Zamfara State. He therefore urged Justice Kuewumi not to grant bail to the accused persons, saying that some Zamfara State officials implicated in the crime were already at large.

Justice Kuewumi also fixed Wednesday for ruling on bail while the Zamfara officials were taken back to custody.

Meanwhile, rising from the fifth National Seminar on Economic Crimes with the theme “Governance and Economic Reforms Managing the Challenges of Sustainable Fight Against Economic Crime,” EFCC in a communiqué also reiterated its clamour for disqualification of any person indicted by judiciary panel from seeking political office.

The commission said poor quality of representation in the legislative arm of government in most State Houses of Assembly called for the revisiting of the entry point, noting that secondary school leavers can hardly cope with rigour of law making.

Other resolutions of the seminar in reducing corruption in the country were internationalising of war against crimes by relevant anti-corruption agencies and fielding of credible and competent persons as law makers and withdrawal of immunity clause for certain public officers.

Speaker of Plateau State House of Assembly Hon. Simon Lalong and other members of the state legislature as who were last week arrested operatives of the Economic and Financial Crimes Commission (EFCC), yesterday obtained an order of a federal high court to enforce their fundamental rights.

Justice Babs Keuwumi who gave the order said he was granting the lawmakers the liberty to file necessary court papers to enable them argue their case.

The Plateau officials were arrested by EFCC on an allegation that they had not only embezzled public funds in the state, but had molested EFCC officials who had come to the state to perform official assignments.

Last Thursday, when the Plateau officials came to Abuja to file a law suit, they were pursued to the Federal \ High Court premises by EFCC operatives, who rather than enter forcefully into the court rooms or offices where some of them had gone to hide, waited outside the gates until the court closed for work and subsequently arrested them

Those of them who escaped from arrest quickly went back to Jos and reported the incident. First Civilian Governor of the state and former chairman Board of Trustees of the Peoples Democratic Party (PDP), Chief Solomon Lar, visited them in show of solidarity and condemned the “harrassment by EFCC on the Plateau officials”.

At yesterday’s court session, Mr. Gabriel Paaul. counsel to the Platesu officials, urged the court to grant them the freedom to sue for the enforcement of their rights which was granted.