THE Independent Corrupt Practices and other Related offences Commission (ICPC) yesterday amended the charge it preferred against former Inspector General of Police (IGP), Sunday Ehindero and his then Commissioner of Police in charge of Budget, John Obaniyi.
The ICPC alleged that the first accused person,Ehindero and Obaniyi had conspired between the months of May and November, 2006, in their capacities as IGP and Commissioner of Police in charge of Budget, respectively, to defraud the Nigeria Police of the total sum of five hundred and fifty seven million naira (N557,000,000) only.
The Commission further alleged that the interests that accrued from the “corrupt transaction” were at various times converted into the personal use of the two accused persons.
The offence is contrary to Section 26 (1)(C) and punishable under Section 119 of the Corrupt Practices And Other Related Offences Act, 2000.
However at yesterday’s proceedings, prosecuting counsel, Paul Ahmed Bassey told Mr. Judge Mudashiru Oniyangi that he had a motion on notice dated June 25, 2012 seeking the leave of court to amend the charge dated May 28th.
This application was stoutly opposed by counsel to Ehindero, Mike Ozekhome (SAN), who argued that the “the attempt to move the motion is premature” owing to the fact that the 1st accused person has filed a preliminary objection challenging the competence of the prosecuting counsel, Bassey, to prosecute the criminal case.
In his submission, Ozekhome maintained that by virtue of section 174 of the 1999 Constitution (as amended), it is only the Attorney General of the Federation (AGF) and Minister of Justice or his agents that can prosecute any such criminal matters.
He added that in the instant case, the prosecuting counsel has not shown any fiat from the office of the AGF to demonstrate that he has the authority and stamp of the AGF to prosecute the case.
Aligning with Ozekhome, counsel to Obaniyi, A. S Odarikuo said he also has a preliminary objection to the amended charge, and so will need to be accorded time to be heard, as the constitution stipulates.
Consequent upon the positions canvassed by both Ozekhome and Odariko, Justice Oniyangi adjourned the case till July 13 for hearing of the motion.
Count one reads: “That you Sunday Gabriel Ehindero (M) and John Obaniyi (M) between the months of May and November 2006 or thereabouts, at Abuja, whilst being Public Officers serving as the Inpector General of Police and the Commissioner of Police in charge of Budget respectively in the discharge of your official duties did conspire amongst yourselves to use your positions to confer corrupt advantage upon yourselves by placing the sum of N300,000,00 (Three hundred Million Naira only) being part of the larger sum of N557,995,065.00 (Five hundred and fifty seven Million, nine hundred and ninety five thousand and sixty five naira) donated by the Bayelsa state government to the Nigeria Police Force for the purchase of arms, ammunition and Pilot control equipment in a fixed deposit account with Wema Bank PLC that generated an interest of N9,846,013,69 which interest you converted to your personal use and thereby committed an offence contrary to section 26 (1) ( c ) and punishable under Section 19 of the Corrupt Practices And Other Related Offences Act, 2000.”
- Courtesy: The Guardian