The Economic and Financial Crimes Commission (EFCC) yesterday arraigned two former workers of the Independent National Electoral Commission (INEC) for alleged misappropriation of N731 million.
Christian Nwosu and Tijani Nda Bashir were arraigned at a Kwara State High Court.
The commission sued the defendants on a seven-count charge bordering on criminal breach of trust and theft.
EFCC counsel Rotimi Oyedepo said the offences were committed between 2013 and 2015 while the accused were in the employ of INEC in Kwara State.
The charge reads: “That the defendants on the 27th of February, 2013 in Ilorin within the jurisdiction of the court, while in the employ of INEC, agreed among yourselves to carry out an illegal act in respect of the sum of N731 million entrusted to you in your capacity as public officers, contrary to Section 97 of the Penal Code; that the two of you on March 31, 2014 agreed among yourselves to carry out acts of criminal breach of trust in respect of N77 million entrusted to you in your capacity as public officers; that on May 21, 2014 while in the employ of INEC agreed to carry out illegal acts in respect of the sum of N9.6 million entrusted to you in your capacity as public officers and that you Tijani Nda Bashir on 31st March, 2014 and March 4th, 2015 committed breach of trust in respect of N26.5 million entrusted to you in your capacity as a public officer, contrary to and punishable under Section 315 of the Penal Code.”
Oyedepo added that “the synopsis of all that we have said is to show the court the grounds of preferring criminal charges, criminal breach of trust and theft against the defendants.”
The EFCC counsel urged the court to grant his application in the interest of justice.
When the charges were read to the accused persons, they pleaded not guilty.
Having pleaded not guilty to the offences, Oyedepo urged the court to give the case accelerated hearing, pursuant to Section 19 sub-section 2b of EFCC Act.
He added that “In view of the defendants’ pleas, they have deemed to have put themselves for trial.”
He urged the court to avail his team of convenient time to assemble “our witnesses, praying the court to remand the accused in prison custody, pending the hearing and determination of the case.
But counsel to both defendants, Obinna Okereke and Nelson Imo, opposed the application seeking to remand the defendants in prison custody.
They sought the constitutional power of the court to grant the clients bail, arguing that the offences committed were bailable.
Okereke and Imo opted for oral application, praying the court “to admit them to bail on liberal terms of sefl-recognisance.
Okereke averred that the “court is conferred with constitutional and statutory powers to judicially and judiciously exercise its discretion.”
After listening to the parties’ arguments and counter-arguments, the presiding Judge, Sikiru Oyinloye, in his ruling said: “It is my considered position that bail can be granted even though a prima-facie has been established against the defendants. I thereby admit them to bail of N50 million each in like sum.”
Justice Oyinloye added that the defendants must produce two sureties each and that each of the sureties must have landed property within the jurisdiction.
He said the defendants should also provide their photographs with that of their sureties, ordering the defendants to deposit their international passports with the chief registrar of the Kwara State High Court.
Justice Oyinloye added that the bail could be revoked if any of the accused persons failed to appear in court during trial.
However, pending the perfection of the bail conditions, Justice Oyinloye ordered that the defendants be remanded in Mandala prison.
He adjourned the case till April 26 and 27 for commencement of trial.
