The Economic and Financial Crimes Commission (EFCC) yesterday rebuffed moves by 12 persons standing trial over the N300million unspent budget scandal in the Federal Ministry of Health to quash the charges against them.
Former Minister of Health Adenike Grange, former Health Minister of State Gabriel Aduku, the chairman of Senate Committee on Health, Senator Iyabo Obasanjo-Bello and nine top officials of the ministry are facing a 56-count charge brought by the EFCC before Justice Salisu Garba of the Federal High Court, Abuja.
All the accused persons, except the former Permanent Secretary of the Health ministry, Prof. Simon Ogamdi, have filed motions of preliminary objection, praying the court to quash the charges against them.
At the resumed hearing of the suit yesterday, EFCC�s counsel, Mr. James Binang, prayed the court to adjourn the matter to enable the accused persons respond on points of law to the charges. He had earlier apologised to the court for serving the defence counsel his respondent�s address late.
Replying on behalf of all the applicants, Prof. Grange�s counsel, Mr. Alex Iziyon (SAN), objected to the plea for adjournment, saying the accused persons were ready to argue the matter if the prosecution was ready to move the motion orally.
After Binang moved the motion, Justice Garba stood down the matter for about 90 minutes to allow the applicants prepare their reply on points of law.
He also asked Obasanjo-Bello�s counsel, Mr. Bankole Akomolafe, to wait till he finished with other accused persons� applications before presenting his.
But in a Notice of Preliminary Objection obtained by The Nation, the EFCC argued that the application brought by Obasanjo-Bello was the same with the others.
Binang said all the issues concerning the applications had been duly canvassed and considered in the ruling of the court delivered on May 19.
When the court resumed at about 11 o�clock, Iziyon submitted that there was no evidence linking his client, Prof. Grange, to the alleged offences in the prosecution�s proof of evidence. According to him, the prosecution only made inferences; and so he asked the court to discharge and acquit Mrs Grange.
Aduku�s counsel, Dr. S. S. Ameh (SAN) argued that the fourth accused person, H. B. Oyedepo, was induced to rope in his client with his confessional statement.
According to him, in his first six statements to the EFCC, there was nowhere that Oyedepo mentioned Aduku. “It was only in seventh statement made on March 27, 2008 that he made a passive statement on him (Aduku), which cannot be relied upon by the court,” the lawyer said.
He also faulted Aduku�s indictment by the EFCC because the former Minister of State was said to have failed to report the matter, even though he returned the money shared to him.
“There is no time bar on reporting fraud. Even not reporting crimes does not make the person culpable. It is glaring in the proof of evidence that the second accused (Aduku) did not participate in the offence. The only thing held against him is that he did not report the crime,” the lawyer argued.
Counsel to the fourth accused, J.O. Ashaolu, argued that the prosecution�s proof of evidence did not establish any case against the accused persons.
According to him, there was no criminal intent in the motive for sharing the unspent budget to the staff of the ministry. He said the practice was in accordance with Chapter 15 of the Federal Government Public Service Rule.
He also debunked allegations that the money was disbursed against a presidential directive that budget votes not spent before December 29 should be returned to the treasury.
The lawyer said even if there was any such directive and it was violated, the violator could only be disciplined and not prosecuted. He therefore urged the court to quash the charge against his client.
Counsel to Hanafi Mohammed, the fifth accused, Mr. Okunade Olorundare (SAN), argued that his client was not mentioned in all the witnesses� statements, and that he was not a member of the welfare committee.
He said the accused neither signed any cheque nor awarded any contracts since he assumed duties as the Director of Finance at the ministry.
The lawyer also argued that the presidential memo said to have been violated was not attached to the proof. “A violation of presidential order is not an offence punishable under the Penal Code,” he added.
Olorundara noted that the only thing linking his client to the offence is the fourth accused person�s statement, which he said the author had already confessed was induced by the EFCC.
Counsel to the seventh accused, Mr. I. Essene, adopted the submission of the first accused person�s counsel. He submitted that there was nowhere his client�s name appeared on any of the cheques.
Counsel to the other accused persons, Isa Braimoh, also submitted that there was no prima facie case against the accused persons. He said they only acted on the directives of superior officers.
Efforts by Binang to reply to the issues raised by the defence counsel were opposed by the lawyers, but he was permitted by the trial judge.
“All objections raised are matters of evidence which would be made open at the trial stage,” the EFCC lawyer said. He urged the court to dismiss the applications.
Ruling, Justice Garba ordered Akomolafe and Binang to consolidate their applications. He adjourned the matter till June 13 for adoption of written addresses. He also said he would fix a date for ruling on all the applications on that day.
Answering questions from reporters after the court session, Obasanjo-Bello�s counsel, Akomolafe, said there was provision in the 2007 Appropriation Act for the N10million his client was accused of receiving.