N5.2bn REA scam: Court frees Elumelu

Posted by admin Headlines Wednesday, March 28th, 2012

By Ikechukwu Nnochiri
ABUJA — A Federal High Court in Abuja, yesterday, absolved the former House Committee Chairman on Power, Ndudi Elumelu, of complicity in the 15-count criminal charge preferred against him by the Economic and Financial Crimes Commission, EFCC, following alleged role he played in a N5.2 billion Rural Electrification contract scam.

Trial Justice Garba Umar who acquitted the lawmaker, however, declined to free the erstwhile Senate Committee Chairman on Power and his then deputy, Nicholas Yahaya Ugbane and Jibo Mohammed, as well as six top officials of REA who were equally fingered in the fraud.

The court maintained that all the other accused persons had a case to answer regarding the allegations against them by the anti-graft agency.

Others on trial are the permanent secretary in the Ministry of Power, Abdulahi Aliyu; Managing Director of REA, Samuel Gekpe; Simon Kirdi Nanle; Lawrence Orekoya; Abdulsamad Garba Jahun; Mr. Kayode Oyedeji and Mrs Igwe Paulinus, who were accused of facilitating the sequential withdrawal of monies earmarked for the rural electrification contract.

The said contract that culminated to their trial was initiated by Umaru Yar’Adua’s administration under the Grid Extension and Solar Electricity Project, with a view to enhancing electricity supply in rural communities in Nigeria.

Whereas the lawmakers were accused of awarding the contract to fictitious companies, the civil servants were on the other hand, accused of using their various positions to facilitate the illicit withdrawal of funds provided for the project under the 2008 amended budget of the REA, with the proceed allegedly shared among all the accused persons.

Meanwhile, they pleaded not guilty to the allegation, even as Elumelu, through his counsel, Chief Patrick Ikweato, SAN, challenged the competence of the charge against him, insisting that the anti-graft agency woefully failed to establish an incriminating nexus between him and the said power project.

Delivering ruling on the matter, yesterday, Justice Umar held that going by the proof of evidence before the court, the EFCC was unable to show how the embattled lawmaker was connected to the commission of the alleged offence.

The judge stressed that subjecting Elumelu to the rigors of trial would tantamount to an abuse of court process, saying his presence in the matter was already an abuse of judicial process.

Consequently, Justice Umar struck out all the counts in the charge where the name of the lawmaker was mentioned, just as he made an order discharging him from the prosecution.

The court, however, adjourned further hearing on the case against eight other accused who it said had a criminal case to answer.

Meantime, both Elumelu and all the other accused persons are also answering to a similar criminal case initiated against them by the EFCC before an Abuja High Court sitting at Gudu.

-Vanguardwp_posts