Justice Umar Garba of the Federal High Court, Maitama, Abuja, on Wednesday, 27th January ruled that Hon. Ndudi Elumelu, Senator Nicholas Ugbane and seven other accused persons in the Rural Electrification Agency, REA, contract scam are to take their plea in the amended charges preferred against them by the Economic and Financial Crimes Commission, EFCC.

The other seven who are being prosecuted in the new amended charges are: the permanent secretary in the ministry of power, Abdulahi Aliyu; the Managing Director, REA, Samuel Gekpe, Simon Nanle, Lawrence Orekoya; Abdulsamad Jahun; Kayode Oyedeji, and Hon. Mohammed Jibo.

The accused persons are facing an amended 85 count charge over their alleged involvement in the N5.2 billion fraud in the Rural Electrification Agency contract scam.

Prosecution Counsel, Godwin Obla at the resumed hearing on Wednesday, told the court that all the accused persons have been served with the amended charges.

Obla said that the application for amended charge was in pursuant of section 163 of the Criminal Procedure Act, CPA. He also cited the Supreme Court ruling in the case of Uwuru Vs. the State as reported in 2002 (9) NWLR page 90 especially page 103- paragraph B-8

But reacting to the application, counsel to Engr Sam Gekpe, who is the 1st accused, Barrister Bernard Afu, who held brief for Paul Iroko, SAN, told the court that the amended count charge dated January 26, 2010 was one too many. He also argued that the accused could not take plea as they do not understand the content of the charges against them.

“It is within the ambit of the law for the accused persons to peruse through the charges and understand their offences before taking a plea; that is not however to say I am opposing the EFCC application”, Afu said. All the other defence lawyers aligned with the position of Afu.

Not moved by the position of the defence counsel, Obla told the court that he was ready with the prosecution.

The presiding judge Justice Garba after listening to both counsel, adjourned the case till the 18th and 19th of February for taking of plea and continuation of hearing.

One of the charges against the accused persons reads: “that you (1) Senator Nicholas Ugbane,(2) Hon. Ndudi Godwin Elumelu, and (3) Hon. Jibo Mohammed, sometime in December 2008, in Abuja within the Abuja Judicial Division of the Federal High Court of Nigeria, while serving as the chairman, Senate committee on power, chairman, House of Representatives committee on power, chairman, House of Representative committee on Rural Development and deputy chairman House of Representatives committee on Power, respectively; in such capacity influenced the procurement process to obtain unfair advantage in the award of  4(Nos.) Solar Electrification projects to Helping Hands International Ltd, cumulatively amounting to N119,669,654.28 (One Hundred and Nineteen Million, Six Hundred and Fifty sixty Nine thousand Six hundred and fifty Four Naira, Twenty Eight Kobo Only), which contracts were unlawfully awarded from the 2008 Amended Budget of the Rural Electrification Agency(REA) and thereby committed an offence contrary to section 58(4) and punishable under section 58(1) and(5) (a) and (b) of the PublicProcurementAct2007.

 

 

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