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N37bn Scam: EFCC
awaits
ruling on Bankole, Nafada Press
Release Tue Nov 29,2011
Bankole:Former Speaker,House of Reps
The Economic and Financial Crimes Commission, EFCC, on Tuesday,
November 29th, 2011,
rested its submissions against a former Speaker of the House
of Representatives,
Dimeji Bankole and his deputy, Usman Nafada who are
being prosecuted before
a High Court of the Federal Capital Territory,
sitting in Abuja.
At the resumed hearing of the case, the EFCC presented three
witnesses and one
exhibit, bringing to 12 witnesses and 42 exhibits presented
before the court. With the conclusion of its submissions against
the two accused persons,
the EFCC is awaiting the ruling of the court on the charges
preferred against them.
The duo of Bankole and Nafada are being prosecuted by the EFCC
for criminal breach of
trust, misappropriation and theft.
The witnesses presented before the court
include Mr. Franklyn Onyesagbe;
a civil servant and a
principal administrative officer with the Federal
Ministry of Finance; he
testified that in June 201,
his office received a letter from EFCC requesting for the
procedures for lending monies by
government agencies which he said his office promptly
responded to. The response
to the letter which was signed by the Director General, Budget
office was admitted in evidence and marked A42.
Others that testified include Alhaji Salisu Abubakar Maikasuwa;
clerk of the National
Assembly and Mr. Rasheed Abdullahi,
a Deputy Superintendent of
Police on secondment to the EFCC. The Clerk of the National
Assembly, during cross
examination, also confirmed that the House of Representative
took the said loan from
U.B.A and First Bank respectively.
Maikasuwa disclosed that the National Assembly operates three
accounts: Senate
account, House of reps account and the Management account. He
however confirmed that
while the speaker is the approving officer for the House of Reps
accounts, no proceedings can take place if the Clerk does not
append his signature. The defence, led by Wale Akanni, counsel
to the 1st accused person, requested for the court proceedings
to enable them prepare for their defence .The judge, however,
asked him to apply to the Registrar.
It would be recalled that EFCC, on Thursday, November 24th,
2011, tendered 16 exhibits against the two accused persons.
At a previous proceeding of the court, five prosecution
witnesses were led in evidence by the prosecution counsel,
Festus Keyamo. All the five witnesses gave evidence and tendered
documents which the trial judge, Justice Sulaiman Belgore
admitted as exhibits and marked Exhibits A25 to A41.
The five witnesses that testified and presented documents which
were admitted in
evidence were: Abdullahi Nma, Branch Manager, United Bank of
Africa, UBA; Mr. Alex Adeyemi, a deputy director in the office
of the Accountant General of the Federation; Mr. Jide
Adeniyi Adeyemo, a director in
the Office of the Accountant General of the Federation. Others
are Mr. Lasisi Bukoye, director, Finance and Administration,
House of Representatives and Ms. Safiya Musa, the
Relationship manager, First Bank
of Nigeria.
Documents which had been tendered by the witnesses and admitted
in evidence were; offer
letters for the loan from UBA, correspondences
between EFCC and the
office of the Accountant General of the Federation,
bundles of documents from the director of Finance and
Administration and the
leadership of the House. Others are letters from the House of
Representatives to First
Bank plc requesting for loan and a certified copy of
statement of accounts from First Bank plc.
Except for Nma and Adeyemi,
all the prosecution
witnesses were cross examined by the defence counsels:
Wole Akanni and Mathew
Bukar who stood for the first and second accused
persons respectively.
The court had summoned Maikasuwa and his House of
Representatives counterpart,
Mr Mohammed Ataba Sani-Omolori to appear before it on
Wednesday November 23rd,
2011 over the on-going trial. The court had issued the
order following complaints by the prosecution counsel, Festus
Keyamo that the NASS
officials were under pressure from some powerful
interests not to fulfill
their initial commitment to stand as witnesses in the
case.
Speaking from the bar, Keyamo had said “my lord, I want to put
it on record that those
who were supposed to come as witnesses are developing
cold feet. Specifically,
the Clerk of the House who was one of the
witnesses you signed
their witness summon this morning, from available
information they are
being pressurized not to give evidence in this
court”.
The court order entitled “summons to witness” was issued by
Justice Belgore to
compel the listed witnesses to appear before the court
tomorrow. The judge said
the summon was issued based on the complaint by
prosecution that the witnesses will not voluntarily appear,
stressing that “it appears to me that by the proof of evidence
that you are likely to give material evidence therein on behalf
of the complainant and will not voluntarily appear for
that purpose.” The duo of Bankole and Nafada were arraigned on
Monday, June 13th, 2011, on a 17 count charge of criminal breach
of trust, misappropriation and theft.
Count one of the charges against Bankole and Nafada reads, “That
you Dimeji Sabur Bankole and Usman Bayero Nafada, being
Principal Officers of the House of Representatives of the
Federal Republic of Nigeria, on or about the 12th day of May,
2010, in Abuja, within the jurisdiction of the High Court of the
Federal Capital Territory, did agree amongst yourselves to
commit a felony, to wit: criminal breach of trust by agreeing to
approve the allowances and/or “running costs” of Members of the
House of Representatives in violation of the approved
Remuneration Package for Political, Public and Judicial Office
Holders by the Revenue Mobilization Allocation and Fiscal
Commission and the extant Revised Financial Regulations of the
Federal Government of Nigeria, 2009 and thereby committed an
offence contrary to Section 97(1) of the Penal Code Act, Cap
532, Laws of the Federation of Nigeria (Abuja) 1990 and
punishable under Section 315 of the same Penal Code Act.
Count two reads: “That you Dimeji Sabur Bankole and Usman Bayero
Nafada, being Principal Officers of the House of Representatives
of the Federal Republic of Nigeria, sometime around January
2011, in Abuja, within the jurisdiction of the High Court of the
Federal Capital Territory, being entrusted with House of
Representatives’ Account No. 00390070000018 with
the United Bank of
Africa, Plc, property of the Federal Government of Nigeria,
dishonestly used that account to obtain a loan of Ten Billion,
Three Hundred and Eighty
Million Naira (N10,380,000,000.00) from the United Bank of
Africa, Plc, to augment allowances and “running costs” of
members of the House of
Representatives in violation of the extant Revised
Financial Regulations of
the Federal Government of Nigeria, 2009 and
thereby committed an
offence contrary to Section 311 of the Penal Code
Act, Cap 532, Laws of
the Federation of Nigeria (Abuja) 1990 and
punishable under Section
315 of the same Penal Code Act.”
Th
This is the document referred to in the Witness
Statement on Oath of Clifford O. Kokogho as
“Exhibit
COK.2”
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