A Federal High
Court sitting in Abuja yesterday ordered the Economic and Financial
Crimes Commission (EFCC) to provide proof that the chairman of the
House committee on power, Ndudi Elumelu, and eight others who are
standing trial over allegations regarding a N5.2 billion Rural
Electrification Agency contract, actually stole the said money.

In his ruling on a
motion on notice, the trial judge, Adamu Bello, ordered the EFCC to
provide proof of evidence in all the 135 count charges proffered
against the accused persons and adjourned the matter to March 17, 2010
for hearing.

Mr. Elumelu and
others, in their motion, asked the court to compel the graft agency to
bring its proof of evidence before the court to enable them prepare
adequately for their defence. The application, which came via Motion on
Notice, was brought in pursuant to section 36(5) (c) and (d) of the
constitution of the Federal Republic of Nigeria 1999, asking for an
order compelling the prosecution in the case to make available to the
accused/applicant the proof of evidence to be used or relied upon by
the prosecution.

Specifically, in
the application, they asked the court to take notice that the proof of
evidence in the case was not attached to the charge sheet and that fair
hearing entails fair trial as enshrined under the provision of section
36(c)and (d) of the constitution of the Federal Republic of Nigeria
1999.

Need for evidence

In an
eight-paragraph affidavit, the eight accused person, Ndudi Elumelu,
stated that he needs the facts against him to enable him prepare
adequately for his defence and that unless the proof of evidence is
made available to him, he will not be able to prepare adequately. He
noted that the court has the powers to compel the EFCC to do so.

Counsel to Elumelu,
Olushola Dare, brought the application, and the counsel to the other
eight accused persons simply adopted his arguments and also urged the
court to grant the application.

But the EFCC
counsel, Godwin Obla, told the court that section 33 of the Federal
High Court, Act Cap F12 laws of the Federation of Nigeria 2004 provides
for the procedures guiding criminal trials in the Federal High Court
and it states that all criminal cases or matters before the court shall
be tried summarily.

He also stated that
this position is confirmed by the Court of Appeal in the case of Chief
Diepreye Solomom Alamieyeseigha vs The Federal Republic of Nigeria
& 7 others {2006] 16 NWLR [Pt1004] 1 @ 96.

In his counter
affidavit in opposition to the eight accused person’s motion on notice,
deposed to by one John Okopi Alu, a legal practitioner, the prosecution
counsel stated among other things that the court has properly read and
explained the charges to the accused persons in the language they
understand, and that as at the time the charges were read, none of them
objected to the clarity or comprehension of the charges. The
prosecution counsel then urged the court to dismiss the application for
lack of merit.

A plea for bail

The court had
previously granted bail to the chairman of the Senate committee on
power and his counterpart in the House of Representatives, Nicholas
Ugbane. They are standing trial over an alleged N5.2 billion Rural
Electrification Agency (REA) contract scam.

Also released on
bail were the Permanent Secretary in the Ministry of Power, Abdulahi
Aliyu, and the Managing Director of the Rural Electrification Agency,
Samuel Ibi Gekpe, Simon Nanle, Lawrence Orekoya, Abdulsamad Jahun,
Kayode Oyedeji, Jibo Mohammed, who are equally facing prosecution by
the EFCC over the same issue.

The accused persons
were remanded in EFCC custody last month, when the graft agency amended
its count charges to 135 of meddling with procurement procedures in the
award of N5.2 billion contract in the REA of which they pleaded not
guilty, and were granted bail after a formal bail application before
the court.

The other defence
lawyers, who argued in like manner, prayed the court to grant their
clients bail, having not defaulted since June 23 when the matter was
mentioned and would continue to stand their trial as responsible
citizens.

In addition, they
told the court to release the accused persons on bail since the
prosecution counsel, Godwin Obla, did not oppose the bail and did not
file a counter affidavit to challenge the bail application. Some of the
135-count charges read, “While being public servants/officers and in
such capacity involved in the processing of public procurement on the
rural electrification Agency (REA) agreed among yourselves to do
unlawful acts, not conducting procurement, fraud by means of fraudulent
and corrupt acts, unlawful influence and undue interest in the awards
of grid extension and solar electrification projects unlawfully awarded
from the 2008 amended budget of rural electrification agency and,
thereby, committed an offense contrary to section 58 (4) (b) and
punishable under section 58 (i) and (5) (a) and (b) of the public
procurement Act 2007.

“While being public
servants and in such capacity involved in the process, public
procurement in the REA failed to advertise the intention to bid for 1
(N0) solar electrification project awarded to Aviva Global Concept for
the sum of N32, 814, 631. 28, unlawfully drawn from the 2008 amended
budget of the REA and, thereby, committed an offense contrary to
section 25 (2) (i) and punishable under section 58 (1) (5) (a) and (b)
of the public procurement Act 2007.