SAN FRANCISCO, September 19, (THEWILL) – A Federal High Court sitting in Abuja on Thursday discharged and acquited a former Executive Secretary of the Universal Basic Education Commission (UBEC), Professor Bridget Omotunde Sokan, and six others who had been standing trial at the court for allegedly defrauding the Commission of the sum of N787million.
Their acquittal came after five years of standing trial as the court noted that the accused persons were only made scape goats for suing UBEC
Presiding judge of the court, Justice Adamu Bello, in discharging the seven accused persons, held that the Economic and Financial Crimes Commission (EFCC) charged the wrong persons to court as he ruled that the accused persons had done nothing wrong to warrant their trial.
Aside Professor Sokan, the other accused persons who were first arraigned on May 18, 2009 on a 63-count charge of fraudulent inducement, criminal conspiracy and subversion of due processes in the award of contract and other offences are: Molkat Manasseh Mutfwang, Dr. Andrew Ekpunobi, Michael Aule and companies used in perpetrating the fraud, Intermarkets USA; Intermarkets Nigeria Limited and Alexander John Cozman, a foreign contractor.
Justice Bello held that the members of the UBEC Board were the ones who should have been before the court and not the accused persons.
After the prosecution had closed its case, the accused persons brought a no case submission which was upheld yesterday by the trial judge.
Ruling on the no case submission, Justice Bello held that the evidence given in chief against the accused persons had been discredited and that the accused persons indeed had no case to answer.
The court also held that the evidence of the star witness, the former Executive Scretary of UBEC, Dr. Ahmed Midibbo, was oral and not documentary and appeared to be his own opinion on the matter.
The presiding judge held than oral evidence could not be used to vary documentary evidence.
The judge also held that the prosecution did not adduce cogent reasons to show forgery of bid documents by the accused persons.
He further held that the prosecution could not provide any evidence to prove the essential ingredients of the offence,saying t at this stage, credibility of the witness did not arise.
“By this ruling, I am not saying that no wrong doing was established but it is on the side of the UBEC board, the board members should have been the ones to be charged and not the accused persons.
“The wrong persons are before this court while the culprits are enjoying their freedom,” Justice Bello held.
