Justice Mohammed Idris of the Federal High Court, Lagos, yesterday, convicted two ex-officials of the Independent National Electoral Commission (INEC), Christian Nwosu and Tijani Bashir, charged with accepting N264.8 million gratification and money laundering.
Idris, who has been elevated to the Court of Appeal, concluded the case with a special fiat given to him by the president of Court of Appeal, Justice Zainab Adamu Bulkachuwa.
Idris found Nwosu, an ex-administrative secretary of INEC, and his colleague, Bashir, guilty of the charge preferred against them by the Economic and Financial Crimes Commission (EFCC).
The court, however, adjourned the sentence of the convicts, until tomorrow to enable Nwosu, who was absent in court, to appear.
EFCC had preferred a criminal charge against the convicts and Yisa Adedoyin, who has already been convicted by the court after he pleaded guilty to the charges.
In the charge, former Minister of Petroleum Resources, Diezani Allison-Madueke, was mentioned to be at large.
The convicts were said to have accepted cash gratification from Diezani in the build-up to the 2015 general election.
The anti-graft agency accused them of accepting the said gratification, which they reasonably ought to have known formed part of proceeds of an unlawful act. They were re-arraigned after their co-accused (Adedoyin) had opted to change his plea by admitting to being complicit in the offences charged.
Nwosu also had earlier pled ‘guilty’ to the charge when first arraigned before the court but later changed his plea to ‘not guilty’ after plea bargain arrangement with the EFCC failed.
After conclusion of trial, parties adopted their final addresses on November 8, 2018, and the court adjourned until January 23 for judgement.
Yesterday, the court was ready to read its judgement but counsel to Nwosu, Mr. Victor Opara, informed the court of a sick leave certificate for his client from a hospital in Enugu, where he was placed on bed rest.
He urged the court to grant an adjournment to a further date to enable Nwosu appear.
In opposition, the prosecutor, Mr. Rotimi Oyedepo, urged the court to proceed with its “business” of the day, adding that such excuses were aimed at “arresting” the court’s judgement.
However, Idris adjourned the case for judgement and ordered that Nwosu be brought to court unfailingly.
When the case was called yesterday, Mr. Obinna Okereke announced appearance for Nwosu, and informed the court that the convict was immediately informed to come from Enugu after the court issued the order yesterday.
He, however, said that after, Nwosu arrived Lagos, he was reported to have fainted at the park and had been rushed to a hospital at Ajangbadi in Lagos, where his blood pressure was said to have read 200/140
He also urged the court to grant a short adjournment to enable his appearance in court, adding that there was also a subsisting appeal in the instant case before the Court of Appeal.
Again, Oyedepo objected to the prayer for adjournment and, citing the provisions of sections 305 and 314 of the Administration of Criminal Justice Act, he urged the court to proceed.
Idris dismissed the request for adjournment on the grounds that by the provisions of the law, his judgment ought to be delivered within 90 days after adoption of addresses.
The court held that it is satisfied from the testimonies of prosecution’s witnesses, and the evidences tendered such as receipts of payments duly signed by the convicts, that the prosecution had been able to discharge the burden of proof on it, which in any case needs not be total.
The court will deliver its sentence by 12pm tomorrow.
