Court rule Hembe has case to answer

An Abuja-based Federal High Court, presided over by Justice Peter
Kekemeke today, ruled that a prima facie case has been established
against the two members of the National Assembly being prosecuted by
the Economic and Financial Crimes Commission(EFCC).

According to a statement by the spokesman of the EFCC, Wilson
Uwujaren,"Former Chairman of the House of Representatives Committee on
Capital Market, Hon. Herman Hembe and his deputy, Hon. Chris Azubogu
who are being prosecuted over a $4,095 estacode scam, have a case to
answer.

"The duo allegedly converted the sum of $4,095 given to them as
estacode to attend a conference in Dominican Republic to personal use
and failed to attend the conference, thereby committing an offence
contrary to section 308 of the Penal Code Act Laws of the Federal
Republic of Nigeria, 1990." The statement added.

"Counsel to the accused persons J.S Okutepa, SAN and Onyenchi Ikpeazu,
SAN in separate arguments at the last adjourned date contended that
estacode is money meant for a public servant who travels overseas.

They argued that once the money is approved and the officer embarks on
the journey, the money becomes his. They therefore wondered how a man
can misappropriate what belongs to him, and prayed the court to
dismiss the charge preferred against their client as lacking in merit.

However, prosecuting counsel, Chile Okoroma urged the court to
discountenance the arguments of the defence counsel.

According to him, "the fundamental issue for determination is whether
or not the prosecution has established a prima facie case against the
defendants to warrant some form of explanation from them.

He stated that from the evidence before the court, it had been
established that the accused persons have a case to answer.

In his ruling, Justice Kekemeke upheld the argument of the prosecution
that a prima facie case had been established against the defendants.

"He adjourned proceedings to October 21, 2013," the statement said.



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