A Federal High Court in Abuja on Friday discharged and acquitted former Speaker of the House of Representatives, Dimeji Bankole, over the alleged N894 million fraud case.
The Economic and Financial Crimes Commission (EFCC) had charged the former speaker with using fake companies to defraud the Federal Government of the said sum.
But delivering judgment in the no-case application brought by him (Bankole), Justice Evoh Chukwu held that the anti-graft commission failed to establish a prima facie criminal case against the accused.
The trial judge subsequently upheld his no-case application and consequently quashed the entire 16-count charge against him.
Justice Evoh Chukwu said, “The prosecution failed to prove that the accused person acted with the intent to defraud. There is no evidence that the accused unilaterally or in conjunction with anybody inflated prices of contracts. Evidence of the prosecution never showed that the accused entered into agreement with either the supplier or contractors.
“There is no justification for the continuation of this trial. The prosecution failed to disclose a prima facie case to warrant the court to demand explanations from the accused person. There is no nexus connecting the accused with the alleged offence.
“Besides, none of the witnesses linked the accused with the award of the alleged contracts or showed that he entered into collusive agreement with anybody with regard to the offence contained in the charge.
“The question the prosecution has failed to provide answer to remains: at the end of the contract, did the accused person enjoy any personal benefit? There was nothing in evidence so far laid that will require any further explanation by the accused. There is no evidence that he acted in breach of the Public Procurement Act.
“There is nothing to show that he selected or superintended over the bidding process; nothing to show that he is a signatory to the account or any of the companies that got the contract.
“What explanation does the court then require the accused to give based on evidence adduced by both the prosecution and the witnesses? It is my considered view that the prosecution has not disclosed any corrupt, unlawful influence, bribery or corruption by the accused in the award of the contracts.
“Section 35(6) of the 1999 Constitution places the onus on the prosecution to prove the guilt of the accused person, who by law is presumed innocent until otherwise proved.
“The no-case submission succeeds. Accordingly, the accused is hereby discharged and acquitted.”
Specifically, Bankole, who was on 11 November 2013 re-arraigned before the court on an amended 16-count charge preferred against him by the EFCC, had, through his counsel, Chief O. Akoni (SAN), maintained that the commission failed to establish his complicity in the alleged contract fraud.
Contending that he neither approved nor supervised the execution of the said contracts, Bankole insisted that in the absence of evidence, there was no basis to allow him to pass through the rigours of trial.
Basically, EFCC alleged that Bankole rigged bid for the purchase of three units of Mercedes Benz S-600 cars, two units of Range Rover vehicles (without bullet proofs) and 400 units of DStv systems, by refusing to follow all the procedures prescribed for public procurements in sections 17 to 56 of the Public Procurement Act No.14 of 2007, leading to a loss of value to the national treasury and thereby committing an offence contrary to Section 58(4)(e) of the Public Procurement Act, No.14 of 2007 and punishable under Section 58(5) of the same Act.
It told the court that some of the alleged deals that formed the conduit pipes through which money was pilfered by the accused person included the purchase of 400 units of 40-inch Samsung (LNS. 341) television sets, 800 units of desktop computer (HP Compaq dc 5700), 100 units of Sharp Digital Copier 5316, 400 units of HP LaserJet 2600N, among others.
To prove the alleged complicity of the accused person, EFCC called six witnesses and tendered several evidences it urged the court to rely upon and convict the ex-Speaker.
Among those that testified were the Clerk of the House, Mr Mohammed Sani Omololu, investigative officers of the EFCC and BPE officials.
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