At long last, the Independent Corrupt
Practices and Other-Related Offences Commission will today arraign a member of
the House of Representatives, Farouk Lawan, over a seven-count
charge bearing on corrupt enrichment.
The charge stems from allegations by
a businessman, Chief Femi Otedola, that Lawan demanded and received
$620,000 as a bribe from him while he (Lawan) was the chairman
of the House AdHoc Committee on Monitoring of Fuel Subsidy Regime.
The arraignment of Lawan
alongside the secretary of the adhoc committee, Mr. Boniface Emenalo, seems an
indication of the Federal Government sudden readiness to up the tempo of
its anti-corruption campaign.
On Wednesday, a former Assistant
Director of the Police Pension Office, John Yusuf, was rearraigned
and remanded in prison custody barely 24 hours after an Abuja High
Court handed him a light sentence after admitting to conniving with others to
defraud the office and pensioners of N27.2bn.
Many civil society groups and
Nigerians, including students, had denounced the Abuja High Court
judgment, saying it was an indication of Federal Government’s unwillingness to
take on the fight against corruption headlong.
Lawan and Emenalo, will however, be
arraigned before Justice Mudashiru Oniyangi of a Federal Capital Territory High
Court today. Oniyangi had on Thursday granted the ICPC leave to file the
seven counts against them.
Oniyangi said, “Upon careful
consideration of the application and attached documents in support of same
filed by the complainant’s counsel, leave is hereby granted to the
complainant/applicant to prefer criminal charges under section 185 (b) of the
Criminal Procedure Code.
“The case is fixed for February 1,
2013 for arraignment.”
Lawan and Emanalo are to be
tried for “Violation of the Corrupt Practices and Other-Related
Offences Act, 2000.”
The charge sheet with reference
number FCT/HC/CR/76/2013 was signed by the Director of Public Prosecutions of
the Federation, Mrs. O.O. Fatunde, on behalf of the Attorney- General of the
Federation and Minister of Justice, Mr. Mohammed Adoke (SAN).
The Federal Republic of Nigeria is
the complainant, while Lawan and Emenalo are the defendants.
Count one of the charge reads, “That
you, Farouk Lawan (M) and Mr. Emenalo Boniface (M) sometime in April 2012
or thereabouts in Abuja within the Federal Capital Territory under the
jurisdiction of this honourable court did while acting in the course of your
official duties as Chairman and Secretary (respectively) of House of
Representatives AdHoc Committee on Monitoring of Fuel Subsidy Regime conspired
between yourselves and with each other to corruptly obtain the sum of
$3,000,000 for yourselves from Mr. Femi Otedola, Chairman of Zenon
Petroleum and Gas Ltd, as inducement to remove the name of Zenon Petroleum and
Gas Ltd from the House of Representatives AdHoc Committee on Monitoring of Fuel
Subsidy Regime’s Report and did cause the House to remove the name of Zenon
Petroleum and Gas Ltd from the said list and thereby committed an offence
contrary to section 26(1)(c) of the Independent Corrupt Practices and
Other-Related Offences Act, 2000, and punishable under section 8(1) of the same
Act.”
In count two, Lawan was accused of
corruptly asking for $3,000,000 from Otedola with the intention of favouring
him (Otedola) in the report of the adhoc committee, an offence punishable under
section 8(1) of the same Act.
While in count three,
Lawan was said to have corruptly agreed to accept the
$3,000,000, count four indicated that he obtained $500,000 from Otedola
Otedola.
In the same vein, count five accused
Emenalo of asking for$3,000,000 for himself from Otedola as a bribe, an
offence punishable under section 8(1) of the ICPC 2000 Act.
The prosecution alleged in count six
that Emenalo was offered bribe by Otedola but he failed to report the offer to
any officer of the ICPC, an offence contrary to section 23(1) of the ICPC Act,
2000, and punishable under section 23(3) of the same 2000 ICPC Act.
In count seven, Emenalo was equally
accused of receiving $120,000 from Otedola .
In an affidavit deposed to by one
Chidi Amaeze, the ICPC disclosed that investigation into the criminal case had
since been concluded.
Lawan had repeatedly denied Otedola’s
accusations, saying he collected the $620,000 as evidence to expose the
businessman’s attempts to bribe him.
The prosecution is coming several
months after the police had concluded investigations into the allegation. The
report of the police investigation, as well as the case file, was reportedly
submitted to the AGF in August 2012.
The AGF’s silence on the matter had
given rise to insinuations that the Federal Government had swept the matter
under the carpet.
However, a lawyer, Mr. Festus Keyamo,
had last week, sent draft charges against Lawan to the AGF, and in a letter
accompanying the charge, he gave the AGF a one-week ultimatum to indicate
his readiness to prosecute Lawan.
The ultimatum expired on Tuesday.
Keyamo had explained that he decided
to prepare, and send the draft charge to the AGF following indications that he
(AGF) was unwilling to prosecute the case for undisclosed reasons.
But reacting to Keyamo’s ultimatum,
government prosecutor, Chief Adegboyega Awomolo (SAN), had informed journalists
that Lawan would be arraigned during the week.
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Politics