Nigeria: Accused In Police Equipment Corruption Case Get Bail

AN Abuja High Court sitting in Gudu yesterday granted bail to the National Co-ordinator of Police Equipment Fund (PEF), Chief Kenny Martins, his Deputy, Ibrahim Dumuje and one Yaro Gella in the sum of N10 million each.

The trial high court judge, Justice Abubakar Talbir admitted them to bail yesterday while ruling on their applications. But the judge said that none of them must be allowed home until he produces two sureties.

According to the judge, the first surety must have landed property in the Federal Capital Territory, Abuja and must deposit the Certificate of Occupancy of such property with the court pending conclusion of trial in the case.

The second surety to be produced by each of the accused persons must provide bank guaranty in the sum of N10 million.The judge said that the sum is liable to forfeiture if the accused persons they are standing for abscond.

Martins, Dumuje and Gella were arraigned before the Abuja High Court, Gudu, on a three-count charge of criminal breach of public trust and mismanagement of about N7.740 billion belonging to the Association of Local Government of Nigeria (ALGON).

Of the N7.740 billion, they were accused of dishonestly converting about N59 million to private use and unlawful retention of another N774 million for personal use in violation of an agreement with ALGON and the Federal Government.

Their actions were said to be punishable under Section 312 of the Penal Code CAP 532 law of the Federation of Nigeria. Gella who was a Permanent Secretary in the Ministry of Police when PEF was conceived was appointed a signatory to the PEF account to protect public interest.

He allegedly continued as a signatory even after leaving office. After their arrest and arraignment, their counsel, Chief Mike Ozhekhome had applied for their bail.

But the Economic and Financial Crimes Commission (EFCC) prosecuting them begged the Abuja high court not to grant bail to them., saying they would abscond.

The commission had given many reasons to back up its claim.

For instance, EFCC produced an electronically generated evidence in court to show that one of the accused persons, Ibrahim Dumuje is not only a die-hard criminal but also an ex-convict.

He said he is even presently on the wanted list of the United States of America.

The Commission said it was fallacious and misleading to say the accused persons have no bad criminal records.

It said it stumbled on the criminal records of Dumuje, for instance, while investigating him and his boss, Chief Kenny Martins, on allegation of swindling PEF of N50 million donated to it.

EFCC urged Justice Abubakar Talba to refuse the bail application of Martins and Dumuje and their co-accused, Yaro Gella.

According to the commission, there were tendencies that they might jump bail.

Chille said that Dumuje was convicted in the US for fraud and that investigation in to the fraudulent activities of the accused was carried out by the US Department of Homeland Security Investigation, Customs and Enforcement.

Besides, the lawyer said that the accused persons were still under investigation by EFCC over ancillary offences and that if they were released on bail they would impede the investigation.

Okoroma said that the accused persons were still in custody of several property of PEF which they have refused to return.

"About 958 vehicles are yet to be recovered from the accused persons, releasing them on bail will jeopardise the recovery of the vehicles and many other property of PEF with them," he said.

He urged the court to refuse the bail application of the accused persons.He said the court could however give the case an accelerated hearing.

Ozekhome, however, dismissed as useless, the electronically generated evidence indicating that Dumuje was an ex-convict.He said the evidence fell short of the requirements of the Evidence Act.

He said the "wild allegation that Dumuje was an ex-convict was baseless'.

"The certified court record, the court judgment and certificate of conviction are not before the court as required by the Evidence Act," he said.

He said the document tendered by the EFCC was "a mere Internet print-out based on rumour and hear-say".

He reiterated his earlier position that his clients would not jump bail and urged the court to grant them bail. Justice Talba rested arguments on the bail issue yesterday as he moved in favour of the accused persons in liberal terms.

http://allafrica.com/

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