Justice Mudashiru Oniyangi of an Abuja High Court on Friday dismissed an application by former Inspector General of Police, Sunday Ehindero, which urged the court to stop Independent Corrupt Practices and Other Related Offences Commission (ICPC) from arraigning him. Justice Oniyangi also dismissed similar
application filed by the suspended
Commissioner of Police in charge of Budget at
the Force Headquarters, John Obaniyi. The judge further refused to vacate the leave
granted the ICPC to arraign the duo. The duo had filed separate notices of
preliminary objection challenging the
jurisdiction of the court as well as the leave
granted the ICPC to file charges against them. They had prayed the court to quash the six
counts preferred against them by the anti-
graft agency. The ICPC had filed a charge of
alleged corrupt embezzlement of N16 million
against them. The ICPC said the amount was the interests
generated from N567 million donated to the
Nigeria Police by the Bayelsa State
Government for the purchase of arms,
ammunition and riot control equipment. The accused persons could be imprisoned for
seven years if convicted. Delivering his ruling, Justice Oniyangi held that
the anti-graft agency had, by the proof of
evidence before the court, successfully
established a prima facie evidence against the
accused to warrant their being put to trial. “Prima facie evidence has been shown by the
ICPC through the exhibits and statements of
witness to proceed with trial,” he said. Justice Oniyangi also held that the ICPC was
competent to prosecute the accused, adding
that the ICPC Act 2000, under which the duo
were charged, was a valid law. He said that the submission of Mr Ehindero’s
counsel, Mike Ozekhome, that the ICPC Act
2000 was a non existing law, was not tenable. He said that the offence the suspects were
charged with were known to written laws,
stressing that it was not correct to say the
ICPC was charging the accused under non-
existent law. The judge further held that the commission is
empowered to prosecute offences which fall
under the penal and criminal codes. Justice Oniyangi, therefore, dismissed the
objections and subsequently ordered that
Misters Ehindero and Obaniyi be arraigned. After the ruling, Justice Oniyangi read the
charges to accused persons who pleaded not
guilty. Justice Oniyangi, refused to grant bail to
Misters Ehindero and Obaniyi on liberal terms
as made in an oral application by Mr
Ozekhome. He granted them bail in the sum of N10 million
each and one surety in like sum and ordered
that the surety must swear to an affidavit of
means. He also said the accused persons should be
detained in prison if they failed to meet the
bail conditions. Justice Oniyangi adjourned the case to 12
November for accelerated hearing.
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