N5.2bn misappropriation: Elumelu asks court to quash suit
former Chairman, House of Representatives Committee on Power, Ndudi Elumelu has filed an application at an Abuja High Court to quash the criminal charges levelled against him by the EFCC.
The EFCC filed a criminal charge against Elumelu, Sen. Nicholas Ubane and Rep. Mohammed Jibo.
They were accused of ``abating and conspiring to commit criminal conspiracy involving more than N5.2 billion in the course of awarding contracts for electrification projects across Nigeria.
Elumelu, through his counsel, Patrick Ikweto (SAN), had urged the court to dismiss the case on the grounds that the EFCC had not established any criminality against him.
He told the court that he only performed his duty as the Chairman, House of Representatives committee on Power, in accordance with what his constituency and the National Assembly expected of him and not for his own personal interest.
Ikweto said that his client did not participate in the award of the Rural Electrification Project as he was just a committee member.
He further argued that Elumelu took part as every other member of the house did in the 2008 Appropriation Act and not for personal reasons.
Ikweto said his client, at no time committed any act contrary to the provisions of the 2008 Appropriation Act, which he was accused to have contravened.
Ikweto also argued that Elumelu cannot stand trial for committing an offence when he was performing his duties as spelt out under
the 1999 Constitution.
He argued that EFCC lacked the power to prosecute him as the entire allegations against him did not constitute financial crimes.
The counsel further argued that the EFCC had not brought any evidence before the court to prove the direct involvement of his client in the alleged misappropriation of funds.
Opposing the application, EFCC counsel, Femi Pinhiero (SAN)told the court that the accused was not charged to court based on misappropriation of funds.
He said he was being charged alongside Ubane and Jibo for abating and using their offices to influence the procurement of contracts, which monies were not approved for.
Pinhiero, stressed that all the accused were required to do was to explain to the public, the role they played in the award of the contracts.
After listening to both arguments, Justice Abimbola Banjoko adjourned the matter to Sept. 27, for ruling on the application.
former Chairman, House of Representatives Committee on Power, Ndudi Elumelu has filed an application at an Abuja High Court to quash the criminal charges levelled against him by the EFCC.
The EFCC filed a criminal charge against Elumelu, Sen. Nicholas Ubane and Rep. Mohammed Jibo.
They were accused of ``abating and conspiring to commit criminal conspiracy involving more than N5.2 billion in the course of awarding contracts for electrification projects across Nigeria.
Elumelu, through his counsel, Patrick Ikweto (SAN), had urged the court to dismiss the case on the grounds that the EFCC had not established any criminality against him.
He told the court that he only performed his duty as the Chairman, House of Representatives committee on Power, in accordance with what his constituency and the National Assembly expected of him and not for his own personal interest.
Ikweto said that his client did not participate in the award of the Rural Electrification Project as he was just a committee member.
He further argued that Elumelu took part as every other member of the house did in the 2008 Appropriation Act and not for personal reasons.
Ikweto said his client, at no time committed any act contrary to the provisions of the 2008 Appropriation Act, which he was accused to have contravened.
Ikweto also argued that Elumelu cannot stand trial for committing an offence when he was performing his duties as spelt out under
the 1999 Constitution.
He argued that EFCC lacked the power to prosecute him as the entire allegations against him did not constitute financial crimes.
The counsel further argued that the EFCC had not brought any evidence before the court to prove the direct involvement of his client in the alleged misappropriation of funds.
Opposing the application, EFCC counsel, Femi Pinhiero (SAN)told the court that the accused was not charged to court based on misappropriation of funds.
He said he was being charged alongside Ubane and Jibo for abating and using their offices to influence the procurement of contracts, which monies were not approved for.
Pinhiero, stressed that all the accused were required to do was to explain to the public, the role they played in the award of the contracts.
After listening to both arguments, Justice Abimbola Banjoko adjourned the matter to Sept. 27, for ruling on the application.
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