Posted by From Emmanuel Onwubiko, Abuja on
FROM the court of public opinion, the N55 million alleged money-for-budget scam which led to the resignation last week of the immediate past Senate President, Chief Adolphus Ndaneweh Wabara, was yesterday transferred to the legal turf...
FROM the court of public opinion, the N55 million alleged money-for-budget scam which led to the resignation last week of the immediate past Senate President, Chief Adolphus Ndaneweh Wabara, was yesterday transferred to the legal turf with seven accused persons arraigned by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
The accused persons who were present at the Abuja High Court, included the now dismissed Education Minister, Prof. Fabian Osuji.
Other accused persons are Senators Ibrahim Abdulazeez, John Azuta Mbata, Emmanuel Okpede, Badamasi Maccido and a member of the Federal House of Representatives, Dr. Garba Matazu, Chairman, House Committee on Education.
The seven accused persons, who were represented by an array of Senior Advocates of Nigeria (SAN), pleaded not guilty to the 15-count charges and were granted bail on self-recognition with a bond of N10 million.
The bail granted them was not secured on a platter of gold because their applications for bail argued separately by their counsel orally, were vehemently opposed by the anti-graft legal team who told the court that the accused if found guilty could spend seven years each behind bars.
The judge, Justice Hussein Muktar, said that the alleged offences were bailable as a matter of mandatory demand by Section 42 of the Independent Corrupt Practices and other related offences Law of 2000 and that he had no option than to grant them bail.
The court also fixed May 15, 2005 for hearing of the substantive matter.
Dr. Chris Adighije, a senator, one of the names cited by President Olusegun Obasanjo in the alleged scam was not brought to court. He is likely to appear as the chief prosecution witness.
Prof. Peter Okebukola, the executive secretary of the National Universities Commission (NUC), who allegedly raised N20 million for the alleged bribe was not also arraigned in court.
The former Senate President, who wore white buba with a red cap, walked into the court room courageously when they were driven to the court premises in an official Peugeot 306 with registration number FG 34 TO1 by 3.15 p.m. yesterday.
Wabara's legal team included Mr. Ricky Tarfa (SAN) and Mr. Wole Olanipekun (SAN) the former National President of the Nigerian Bar Association (NBA). Tony Idigbe (SAN), another member of the Wabara's legal team, was not in court.
Osuji was represented by Chief Chris Uche (SAN) while the others were represented by Dr. Alex Izinyon (SAN).
Before of the secrecy surrounding the exact time of their arraignment, only about 70 persons mostly court officials turned up to watch the former number three citizen and the others walk into the accused person's box to take their individual pleas.
Justice Muktar, granting them bail, declared: "Section 42 of the ICPC Act 2000 is very clear on the right for bail for the accused. The word used is 'shall' and it means mandatory and admits no room for discretion. They have the right to be presumed innocent until proven otherwise. The seven accused persons are hereby granted bail on N10 million bail bound each."
The team of the defence lawyers in unison chorused "As the court pleases" and the mood of the accused persons changed positively.
The anti-graft panel secured the court's leave to prefer a criminal charge against the serving lawmakers and the professor of zoology, in compliance with Section 185 (b) of the criminal code.
The charges are:
"Count one: "That you Senator Adolphus Wabara (M), Senator Ibrahim Abdulazeez (M), Senator John Azuta Mbata (M), Senator Emmanuel Okpede (M), Senator Badamasi Maccido (M) and Honourable Dr. Garba Matazu (M) on or about 2nd December 2004, at Abuja conspired with each other to commit a criminal offence under the ICPC Act 2000, by asking for the sum of N50,000,000.00 (fifty million naira) gratification from Professor Fabian Osuji, in the name of public relations to share amongst yourselves with regard to the passage of the year 2005 budget of the Federal Ministry of Education and thereby committed an offence contrary to Section 26(1) ( c) and punishable under Section 8(1) of the Corrupt Practices and Other Related Offences Act 2000;
Count two: "That you, Senator Wabara, Senator Abdulazeez, Senator Mbata, Senator Okpede, Senator Maccido and honourable Matazu on or about 4th December 2004, at Abuja did corruptly obtain the sum of N50 million (fifty million naira) from Professor Fabian Osuji to share amongst yourselves with regard to the passage of the year 2005 budget of the Federal Ministry of Education and thereby committed an offence contrary to and punishable under Section 8(1) of the ICPC 2000;
Count three: "That you, Senators Wabara, Abdulazeez, John Mbata, Emmanuel Okpede, Badamasi Maccido, and Matazu between 2nd December 2004 and 6th December 2004 or thereabout at Abuja did corruptly obtain the sum of N50 million (Fifty million naira) from Professor Osuji, for you to share amongst yourselves, with regard to the passage of the year 2005 budget of the Federal Ministry of Education and thereby committed an offence contrary to 10(9)(1) and punishable under Section 10(a)(11) of the ICPC Act 2000;
Count four: "That you Senators Adolphus Wabara, Ibrahim Abdulazeez, Mbata, Okpede, Maccido and Garba Shehu Matazu between December 2nd 2004 and 6th December 2004 or thereabout at Abuja did corruptly obtain the sum of N50 million from Professor Fabian Osuji for you to share among yourselves with regard to the passage of the year 2005 budget for the Federal Ministry of Education and thereby committed an offence contrary to 10(a) (1) and punishable under Section 10(a) (11) of ICPC Act 2000.
Counts five, six, seven, eight up to counts 11 were framed in strikingly similar offences involving the six lawmakers arraigned yesterday while Prof. Osuji was arraigned on counts 12 to 15 of the entire 15 counts charges.
The dismissed Education Minister who pleaded not guilty to the alleged bribery was arraigned among others on the charge that:
That you, Professor Fabian Osuji on or about 6th December 2004 at Abuja being Minister of Education did give gratification to former Senate President and five others in the sum of N50 (fifty million naira) to share amongst themselves and failed to report same to an officer of the Independent Corrupt Practices and Other Related Offences Commission or a police officer and thereby committed an offence contrary to Section 23(2) and punishable under section 23(3) of the ICPC Act 2000.`