Posted by ERASMUS ALENEME with agency report on
FRESH trouble is brewing for the embattled Bayelsa State governor, Chief Diepreye Alamieyeseigha, following an order of a Federal High Court, Abuja for the appointment of a private counsel to investigate the alleged N1.7 billion contract scam levelled against him.
FRESH trouble is brewing for the embattled Bayelsa State governor, Chief Diepreye Alamieyeseigha, following an order of a Federal High Court, Abuja for the appointment of a private counsel to investigate the alleged N1.7 billion contract scam levelled against him.
The private prosecutor will be appointed by the Chief Justice of Nigeria (CJN), Justice Muhammed Uwais and is in line with the provision of section 52 of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) Act 2000.
Justice Babs Kuewumi gave the order weekend, while delivering a judgement on behalf of the trial judge, Justice Anwuli Chikere, in a suit filed to stop ICPC from further investigating the governor over the alleged fraud.
Justice Chikere was said to be indisposed.
The governor was alleged to have awarded contracts and paid over N1.7 billion to fake and non-existing companies in the construction of the Niger Delta University (NDU).
The directive of the court is contained in a 40-page judgement.
ICPC had told the court that it received a total of four petitions, in 2002, from a concerned citizen of Bayelsa State, requesting the immediate commencement of investigations into the alleged corrupt practices of the governor.
A team of investigators led by one Mr. O. O. Kehinde was set up by the Commission to conduct a preliminary investigation into the allegation.
Testifying before the court, Kehinde had said that they conducted a search on the companies at the Corporate Affairs Commission (CAC) and found out that they were not in existence as at the time the contracts were awarded.
The eight companies alleged to be the governor's proxies in the alleged fraud include ADM Investment Ltd., Multi Web Nig. Ltd., Graceland International Ltd and Brits Investments Ltd.
Others are Vinny Investments Ltd., Jowiz Nig. Ltd, Marsh Nig. Ltd and Niger Delta Wetland Centre.
Led in evidence by the counsel to the Commission, Mrs Olufunmilayo Fatude, Kehinde had also told the court that due processes were not followed in the award of the contracts and in the payments of the money.
He gave an instance where the governor allegedly approved and paid N145 million to clear the site of the university, a job, he said, was never carried out.
Upon conclusion of the preliminary investigation and acting on the provision of Section 52 of ICPC Act, the Commission wrote to the CJN to appoint a private counsel to carry out a full and final investigation of the allegations.
According to the provision of the Act, it is only after the conclusion of investigations by the independent counsel that a decision can be taken as to whether or not, a prima facie case has been established against the governor.
The former President of the Nigerian Bar Association, Chief Wole Olanipekun (SAN), filed the suit on behalf of the companies to stop ICPC from further investigating the governor over the contracts.
In the suit, he sought an order restraining ICPC from forwarding to the CJN, the application for appointment of the private counsel.
He contended that the companies were not invited by the ICPC, to give their own side of the case, during the preliminary investigation.
Olanipekun argued that ICPC's action violated Section 36 (1) of the 1999 Constitution on fair hearing and urged the court to set aside the preliminary investigation.
The counsel also cited the immunity conferred on the governor by Section 308 of the 1999 Constitution, to justify his claim that the governor could not be investigated while still in office.
Striking out the suit for lack of merit, the court held that it could neither set aside the preliminary investigation by ICPC nor stop the Commission from performing its statutory functions.