Court
Pension fraud: Court sentences ex-HoS chief accountant, Tahir to 3 years imprisonment
A Federal High Court on Friday sentenced Garba Tahir, former Chief Accountant, Pension Office of the Office of the Head of Service (HoS) of the Federation to three years imprisonment.
Justice Inyang Ekwo, in a judgment on Friday, held that the prosecution had proved the seven-count charge preferred against Tahir beyond reasonable doubt.
Justice Ekwo, who handed down the three-year jail term in each of the counts, however ordered that the sentencing, which amounted to 21 years imprisonment, would run concurrently beginning from April 2.
“I find in the end that the prosecution has discharged the burden of proof placed on it by law.
“Consequently, I make an order convicting the defendant as charged. This is the Judgement of this court,” the judge declared
The News Agency of Nigeria (NAN) reports that Tahir was the pension accountant when Mr Stephen Oronsaye was the HoS between 2009 and 2010.
Oronsaye, who is also facing a N2 billion money laundering charge before Justice Ekwo, is also awaiting his judgment fixed for April 5.
He is being charged, alongside others, by the Economic and Financial Crimes Commission (EFCC), on 27 counts.
NAN also reports that a former director of defunct Pension Reform Task Team in the office of the HoS then, Mr Abdulrasheed Maina, was, on Nov. 8, 2021, convicted and sentenced to eight-year imprisonment for N2 billion pension fraud.
Meanwhile, delivering the judgment on Friday, the judge said in the case, it was clear that the allegations of money laundering were premised on conversion of resources derived directly or indirectly from illegal act.
“In this case, the aim of the conversion is either to conceal or disguise the illicit origin of the resources or property,.
“Therefore once, the actus reus is established, it would form the basis for conclusion on the existence of the mens rea.
“The ageless issue in establishing mens rea, is that a physical surgery to open the heart of an accused to see his intention is impracticable.
“It is therefore established where there is admission on the part of the accused or inferred from the evidence constituting the actus reus.
“In this case, I have to agree with the prosecution that the facts of conversion have been consistent in each and every count in being emphatic about the undisclosed origin of the transaction or payment.
“This has given rise to the several cash lodgements into the private bank account of the defendant either in person or by using proxies thereby leading to the conclusion that there is intention to conceal the illicit origin of the cash in question.
“This is what I found in this case. I find that the prosecution has proved the case against the defendant beyond reasonable doubt,” Justice Ekwo said.
He said Tahir merely denied the allegations without any concrete evidence to rebut the case of the prosecution.
He further said that Tahir failed to show even by a shred of evidence that he utilised any of the money paid to him by the office of the HoS through his private bank for any official duty for which the payments were made.
“In fact, the defendant was very condescending and rather impetuous in the manner he responded to the questions during cross examination.
“Being a lawyer and an accountant, I expected the defendant to understand the implication of what he was doing in the witness box and the enormity of the allegations in the charge against him but he did not.
“He left the case of the prosecution unchallenged,” he added.
NAN reports that, in the seven counts, Tahir was accused of diverting over N26 million through his ECOBANK account using Charo Bureau De Change Ltd, among others.
He, however, pleaded not guilty to the charge.
The EFCC, in proving its case, called five witnesses, among whom was Mr Charles Bonat, former Permanent Secretary, Establishment and Records Department in the office of the HoS then.(NAN)(www.nannews.ng)
[03/03, 18:34] Taye Agbaje: Court dismisses suit seeking removal of APC, Matawalle from Zamfara governorship poll
A Federal High Court, Abuja, on Friday, dismissed a suit seeking the removal of the All Progressives Congress (APC) and its candidate, Bello Matawalle, from the Zamfara governorship election.
Justice Inyang Ekwo, in a judgment, held that the case of the plaintiffs lacked merit.
The News Agency of Nigeria (NAN) reports that the plaintiffs; National Rescue Movement (NRM), a political party, and Saidu Dansadau, its governorship candidate, had sued the Independent National Electoral Commission (INEC) as 1st defendant.
Also joined in the suit were the Peoples Democratic Party (PDP), Accord Party (AP), APC, Matawalle, Bala Maru, Mahdi Gusau, Nasiru Magarya as 2nd to 8th defendants respectively.
The plaintiffs had asked the court to determine whether after due construction of Sections 1 (1) (2), 177 (c), ] 178 (1), 180 (d), 221 of the 1999 Constitution (as amended), the judgments of the Supreme Court in suit: SC/377/2019 between APC vs. Marafa & 179 others; and SC/648/2016 between Faleke vs. INEC.
If the 4th defendant (APC) can occupy the office of Governor of Zamfara for the period between 2019 and 2023 when it did not sponsor any candidate and participate in the 2019 Zamfara gubernatorial elections conducted by INEC.
They also prayed the court to determine if the votes of the PDP garnered in the 2019 Zamfara elections can be transferred to APC or any other political party for purposes of enabling a member of APC or any other political party occupy the office of governor of the State.
The plaintiffs, who sought ten claims against the defendants, prayed the court to declare that APC cannot occupy the office of governor of Zamfara for the period between 2019 and 2023 due to its non-participation in the elections conducted by INEC.
They also sought a declaration that Matawalle’s membership of APC had disqualified him from continued occupation of the office of the governor of the state due to the ineligibility of members of APC to occupy the office between 2019 and 2023.
They, therefore, sought an order directing that Dansadau be sworn in forthwith as governor of Zamfara, being the next candidate with the highest votes in the 2019 Zamfara governorship poll “whose membership and sponsorship by a political party pursuant to the provisions of Section 177 of the 1999 Constitution is still subsisting.”
Alternatively, they sought an order directing INEC to conduct another governorship election for Zamfara within 30 days between persons who were candidates in the 2019 governorship poll “and whose membership and sponsorship by political parties pursuant to the provisions of Section 177 of the 1999 Constitution are still subsisting.”
Also, they prayed for an order excluding the APC from participating in the election, having been disqualified from participation in 2019, among other reliefs.
Delivering the judgment, Justice Ekwo held that the constitution does not prescribe any penalty against a governor or deputy governor who defects from the political party on whose ticket he got into office to another political party.
The judge said that having identified the lacuna in the constitution, the trial court had no power or jurisdiction filling the gap, or interpreting what the constitution had not made provision for.
“I am of the view that the sanction against a governor or deputy governor who abandons the political party that sponsored him is by way of impeachment under Section 188 of the 1999 Constitution.
“That is a duty enuring to the legislature and not the courts, as it is a political decision,” he said.
Besides, he said the matter had been judicially settled “and remains so irrespective of how any litigant or the lower court feels.
“Consequently, I am bound by the decision of the Court of Appeal which in my opinion, has settled the issue in this case.
“The case of the plaintiffs falls for lacking in merit and I make an order dismissing it.”(NAN)
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