Three years after they were first arraigned by the Economic and Financial Crimes Commission, EFCC, on an 83 count charge of fraud, criminal conspiracy, criminal misappropriation of public funds, diversion, stealing, retaining and processing proceeds of crimes, and awarding of contracts in excess of the approved limit, all totalling N479million, a Federal High Court sitting in Abuja will on November 22, 2012, rule whether or not it has jurisdiction to re-arraign the former Executive Secretary of the National Commission for Mass Literacy, Adult and Non-Adult Education, Dr. Dayo Olagunju and 10 others.

Ten former directors of the commission to be re-arraigned are Joshua Durodola Alao, Alice Atteh Abang, Jibrin Rikichi Waguna, Ahmed Abubakar, Shehu Abdullahi, Dr. Victoria –King Nwachukwu, Adamu Khalid, Moses Oseni, Francis Awalewa and Bashir Tanko Suleiman.

The fresh arraignment is coming on the heels of the transfer of Justice Donatus Okorowo from the Abuja division of the Federal high Court, Abuja . Two other Justices who had earlier presided over the case but were also transferred, are Justice Anuli Chikere and Justice H.T. Soba.

The accused were originally arraigned on Friday July 24th, 2009, before Justice Chikere on a 17 count charge of criminal conspiracy, criminal misappropriation of public funds, diversion, stealing, retaining and processing proceeds of crimes, and awarding of contracts in excess of the approved limit, all totalling N479million.

Justice Chikere's transfer from the court necessitated the re-arraignment of the suspects afresh before Justice Soba on May 24, 2010.

At the resumed hearing of the case on Tuesday November 6, 2012, the new presiding Judge, Justice E. S Chukwu, said he would be presiding over the case denovo since he was a new judge just transferred to the court. But before the plea of the accused could be taken, Barrister Joe Dappa, counsel to the 7th accused person challenged the jurisdiction of the court to entertain the matter.

While urging the court to look into his submissions, he said that in the absence of any authority from the Attorney General of the Federation, AGF, the EFCC cannot prosecute or charge the accused persons. "And this is considering the nature of the charge which is made pursuant to the Public Procurement Act and the Criminal Penal Code", he argued

Prosecution counsel, Mike Bul, in his reply said the application the accused is canvassing is not new as the Commission has responded to all the issues raised with numerous counter affidavits and legal submission.
He therefore urged the court to overrule the accused persons, uphold the 83 count charge which is before the court and proceed to take the plea of the accused persons.

After listening to the arguments, the judge adjourned the case till November 22, 2012 for ruling on all consolidated submissions and objections.

Wilson Uwujaren
Ag. Head, Media & Publicity
6th November, 2012