Justice
Mudashiru Oniyangi of an Abuja High Court on Friday dismissed an
application by former Inspector General of Police, Sunday
Ehindero, which urged the court to stop Independent Corrupt Practices
and Other Related Offences Commission (ICPC) from a
rraigning him.
Justice Oniyangi also dismissed similar application filed by the
suspended Commissioner of Police in charge of Budget at the Force
Headquarters, John Obaniyi.
The judge further refused to vacate the leave granted the ICPC to arraign the duo.
The duo had filed separate notices of preliminary objection
challenging the jurisdiction of the court as well as the leave granted
the ICPC to file charges against them.
They had prayed the court to quash the six counts preferred against
them by the anti-graft agency. The ICPC had filed a charge of alleged
corrupt embezzlement of N16 million against them.
The ICPC said the amount was the interests generated from N567
million donated to the Nigeria Police by the Bayelsa State Government
for the purchase of arms, ammunition and riot control equipment.
The accused persons could be imprisoned for seven years if convicted.
Delivering his ruling, Justice Oniyangi held that the anti-graft
agency had, by the proof of evidence before the court, successfully
established a prima facie evidence against the accused to warrant their
being put to trial.
“Prima facie evidence has been shown by the ICPC through the exhibits and statements of witness to proceed with trial,” he said.
Justice Oniyangi also held that the ICPC was competent to prosecute
the accused, adding that the ICPC Act 2000, under which the duo were
charged, was a valid law.
He said that the submission of Mr Ehindero’s counsel, Mike Ozekhome,
that the ICPC Act 2000 was a non existing law, was not tenable.
He said that the offence the suspects were charged with were known to
written laws, stressing that it was not correct to say the ICPC was
charging the accused under non-existent law.
The judge further held that the commission is empowered to prosecute offences which fall under the penal and criminal codes.
Justice Oniyangi, therefore, dismissed the objections and subsequently ordered that Misters Ehindero and Obaniyi be arraigned.
After the ruling, Justice Oniyangi read the charges to accused persons who pleaded not guilty.
Justice Oniyangi, refused to grant bail to Misters Ehindero and
Obaniyi on liberal terms as made in an oral application by Mr Ozekhome.
He granted them bail in the sum of N10 million each and one surety in
like sum and ordered that the surety must swear to an affidavit of
means.
He also said the accused persons should be detained in prison if they failed to meet the bail conditions.
Justice Oniyangi adjourned the case to 12 November for accelerated hearing.
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