Alleged N5.2bn REA Scam: Court clears Elumelu, two others

An FCT High Court yesterday quashed the 62 counts of financial embezzlement preferred against Senator Nicholas Ugbane and Representative Ndudi Elumelu.

Justice Mudashiru Oniyangi, who equally cleared former Representative Mohammed Jibo, held that the prosecution failed to establish a prima facie evidence linking the lawmakers with the allegations.

The judge further said there was no basis for the leave granted the EFCC to arraign the lawmakers.

"Granting leave is an act of judicial discretion and should not be exercised arbitrarily; it must be done within the ambit of the law", he said.

Ugbane and Elumelu, both former chairmen Senate and House committees on power respectively, were in January re-arraigned by the Economic and Financial Crimes Commission(EFCC) on charges of criminal conspiracy, breach of due process and misappropriation of public funds to the tune of N5.2 billion. They were initially charged in October, 2009.

Specifically, the EFCC alleged that the accused persons were alleged to have influenced the award of Rural Electricity Agency (REA) grid extension and solar electricity projects in the 2008 amended budget of the agency.

The judge, in dismissing the claim, said there is no evidence that the lawmakers are members of the REA tenders board.

EFCC counsel, Kemi Pinhero (SAN) was not in court to move two motions against the application to quash and no explanation was given.

The judge therefore upheld the submissions of the defence counsels and dismissed the EFCC motions.



daily trust