Diezani ‘bribe’: INEC chiefs seek case transfer

A former Independent National Electoral Commission (INEC) Administrative Secretary in Kwara State Mr Christian Nwosu on Thursday said Justice Mohammed Idris lacks the jurisdiction to try him.

He said the judge ought to transfer the case to another judge having been elevated to the Court of Appeal.

The Economic and Financial Crimes Commission (EFCC) re-arraigned Nwosu at the Federal High Court in Lagos for allegedly accepting gratification from former Minister of Petroleum Resources Mrs Diezani Alison-Madueke (“still at large”).

He was re-arraigned along with Tijani Bashir before Justice Idris.

They were charged with another INEC official Yisa Adedoyin, who pleaded guilty to the offence and was convicted following a plea bargain.

Nwosu had initially pleaded guilty to receiving N30million bribe from Mrs Alison-Madueke to rig the 2015 general election results, but he changed his plea to not guilty.

EFCC said they allegedly conspired to directly take possession of N264,880.000, which they reasonably ought to have known forms part of an unlawful act – gratification.

They also allegedly made cash payment of N70,050,000 to Adedoyin, which exceeds the amount authorised by law without going through a financial institution.

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Bashir was accused of indirectly taking possession of and retaining N164,880,000, which he reasonably ought to have known forms part of gratification.

Bashir was also charged with indirectly retaining and concealing N30million, being part of the proceeds of an unlawful act: “criminal misappropriation”.

The alleged offences were committed on March 27 and April 7, 2015 and violated provisions of the Money Laundering Prohibition Act.

EFCC had earlier closed its case before the charge was amended.

Rather than open their defence, Nwosu and Bashir made no-case submissions, urging the court to discharge and acquit them.

But Justice Idris dismissed the no-case submissions.

Yesterday, the defendants, through their lawyers Victor Opara (for Nwosu) and Nelson Umoh, prayed that the case be re-assigned to another judge.

They argued that there was no provision in the Constitution that empowers the judge, upon his appointment and confirmation as a Justice of the Court of Appeal, to double as a judge of the Federal High Court.

“A Justice of the Court of Appeal of Nigeria cannot deliver, make pronouncement, recommendation, decision and or judgement on matters pending before the Federal High Court of Nigeria.

“The constitutional elevation of my lord cannot be circumscribed by Section 396 (7) of ACJA”, Opara said.

But Oyedepo emphasised that the prosecution had already closed its case before the judge’s elevation.

He said the judge is eminently qualified to continue with the “part-heard” case as defined in Section 494 of the Administration of Criminal Justice Act (ACJA) 2015.

“Section 396 (7) of ACJA gives my lord ‘special dispensation’ to hear and determine part-heard cases which is applicable in this circumstance.

“There is nothing in the Constitution that specifically restricts or prohibits the granting of ‘special dispensation’ to hear and conclude a part-heard criminal matter by an elevated judge.

“The provision of Section 396 (7) of ACJA is merely complementary to the Constitution and is not inconsistent with it,” Oyedepo said.

Justice Idris adjourned until August 27 for ruling.

 

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