Court Convicts Ex-INEC Chiefs Over Alison-Madueke’s N264m Bribe
A Federal High Court in Lagos on Thursday convicted two former official of the Independent National Electoral Commission (INEC) Tijani Bashiru and Christian Nwosu accused of receiving N264 million bribes from a former Minister of N264Petroleum Resources, Mrs. Diezani Alison-Madueke to rig the 2015 general elections.
The trial judge, Justice Mohammed Idris held that the two former INEC officials liable for the offence after concluding that the Economic and Financial Crimes Commission (EFCC) was able to proved its case against them.
However, Justice Idris, who is presiding over the case under the cover of a special fiat issued by the President of the Court of Appeal, Justice Zainab Adamu Bulkachuwa, could not hand down the sentence because the second accused person, Nwosu was absence in court.
His lawyer, Obinna Okereke informed the court that his client is on admission at a Lagos hospital.
The INEC officials were re-arraigned before the court by the anti-graft agency on a nine-count charge of allegedly accepting gratification and fraud.
It will be recalled that Nwosu, who was a former Administrative Secretary of INEC in Kwara State, had pleaded guilty to receiving N30 million bribe from to rig the 2015 general election results, but he later change his plea on the advice of his lawyers.
Another official of the electoral body, Yisa Adedoyin was earlier convicted after pleading guilty to the former charge.
The EFCC had accused Bashiru and Nwosu of allegedly conspired to directly take possession of N264,880.000 which they reasonably ought to have known forms part of an unlawful act, which is gratification.
They also allegedly made cash payment of N70,050,000 to Yisa Adedoyin, which exceeded the amount authorised by law without going through a financial institution.
Bashir was accused of indirectly taking possession of and retaining N164,880,000 which he reasonably ought to have known forms part of gratification.
Bashir was also charged with indirectly retaining N30million, being part of the proceeds of an unlawful act, criminal misappropriation.
The prosecution claimed that the accused person indirectly concealed the N30 million.
The alleged offences were committed on March 27 and April 7, 2015.
In his judgment Justice Idris, held that he is satisfied with the testimonies of prosecution’s witnesses, and the evidences tendered such as receipts of payments duly signed by the convicts.
The judge also held that the prosecution had been able to discharge the burden of proof on it, which in any case needs not be total.
The court further maintained that it was not in doubt that the convicts were guilty of the offences of conspiracy, as they both met in the bank to accept the cash payments of N70.05 million and N30 million out of the total sum of N264.8 million dole out of the ex petroleum Minister.
He stated, “I agree with the prosecution that the manner in which the transaction leading to this charge was consummated, shows clearly, a meeting of the minds.
“As stated earlier, the defendants showing their meeting of minds to commit the alleged offences, went to the bank, handed the cash to the second defendant, who conveyed same as instructed by the first defendant.
“They were not beneficiaries of any financial instruments or bank instrument, with which they can go to the bank to carry out such transaction; they made such cash payments without going through any financial institution and concealed, retained and used same.
“Any person who contravenes any provisions of the money laundering Act, is liable upon conviction, to an imprisonment term of not less than seven years imprisonment and not more than 14 years imprisonment.
“To prove its case, the prosecution need not call all the witnesses, but only such witnesses necessary to prove its case.
“In the light of the forgoing, I hereby find the accused guilty of the charge,” the court held
Due to the absence of the second accused person, the judge deferred his sentencing to January 24 (Tomorrow) by 12 noon, and ordered that the second accused who was present in court, be remanded in the EFCC custody pending sentence.
Earlier during the proceedings, Okereke told the court that after Nwosu arrived Lagos, he was informed that he fainted at the park and had been rushed to a hospital at Ajangbadi in Lagos, where his Blood Pressure was said to have read 200/140
The lawyer also urged the court to grant a short adjournment to enable his client come to court.
But the EFCC counsel, Rotimi Oyedepo objected to the motion for adjournment, citing the provisions of sections 305 and 314 of the Administration of Criminal Justice Act, he urged the court to proceed.
Oyedepo described the request as a gimmick to stop the judgement.
The prosecutor noted, “A defendant who was able to travel from Enugu to Lagos, suddenly fainted when he arrived his destination; he did not faint on the way, I urge the court to refuse this excuse and proceed with judgement,”
Justice Idris dismissed the request for adjournment, in a bench ruling, on the grounds that by the provisions of the law, his judgment ought to be delivered within 90 days after adoption of addresses.