Electricity commissioners have case to answer, court says
Former
commissioners of the Nigeria Electricity Regulatory Commission (NERC)
have a case to answer over financial misappropriation and abuse of
office, an Abuja High Court has ruled.
The seven former
commissioners: Ransome Owan, Abdul-Rahman Ado, Onwuameze Iloeje,
Muhammed Alimi-Rasaq, Muhammed Baba Gana Bunu, Abimbola Odubiyi, and
Grace Eyoma are facing an 85-count charge of criminal conspiracy,
breach of trust, and inflation of salaries and allowances to the tune
of three billion naira.
Counsel to two of
the accused persons, Tunji Abayomi, on Friday, February 12, 2010, had
filed an application seeking to quash the charges before the accused
took their plea. Mr. Abayomi argued that the charges were based on the
penal code, which the EFCC was not legally permitted to do; and that
the EFCC commenced its investigations based on a frivolous and forged
petition by a non-existent person called Mohammed Abimbola Iloeje.
The High Court
judge, Salisu Garba, in dismissing the application yesterday, ruled
that the EFCC, based on Section 7(2) of the EFCC Act, can prosecute
financial crimes using any Nigerian law, and that the EFCC could
investigate any crime based on an anonymous petition, or on no petition
at all.
Reacting to the
ruling, the representative of Godwin Obla, counsel to the EFCC, stated
that “we are pleased with the ruling; we believe that we have a case.
At least let the case go on, let the judge determine the matter either
for or against.”
Mr. Garba, after
consultation between the various counsels, adjourned the case to July
14, 2010, when the accused would take their plea as to whether they are
guilty of the charges or not.
The seven
commissioners were suspended from office by late President Umaru
Yar’Adua, based on the recommendations of the EFCC and Lanre Babalola,
the former Minister of Power.
Farida Waziri, the
EFCC chairman, had written to then Vice President Goodluck Jonathan and
Mr. Babalola that “on 2nd of June 2008, one Mohammed Abimbola Iloeje on
behalf of some concerned staff of NERC, petitioned the EFCC over the
financial misconduct of the chairman and commissioners of the Nigeria
Electricity Regulatory Commission.”
NEXT on Sunday, in an earlier edition, detailed how the control of
the N32 billion, released by the Federal Government as part of the
subsidy for the multiyear tariff order (MYTO) to subsidise electricity
tariff for Nigerians, caused a disagreement between the commissioners
and Mr. Babalola, leading to their investigation and subsequent
prosecution.