N5.2bn electrification: EFCC takes Elumelu to Appeal Court

APRIL 13, 2012 BY NIYI ODEBODE AND FIDELIS SORIWEI 4 COMMENTS

former House of Representatives Committee Chairman on Power, Mr. Ndudi Elumelu
| credits: File copy

Economic and Financial Crimes Commission has appealed the judgment of a Federal High Court, Abuja, which acquitted a former House of Representatives Committee Chairman on Power, Mr. Ndudi Elumelu, of complicity in a N5.2bn rural electrification contract scam.

The appeal, with the charge number FHC/ABJ/CR/87/2009, was filed on behalf of the EFCC, at the Court of Appeal, Abuja on Tuesday by its prosecutors, Kemi Pinheiro; Adebowale Kamoru, Sesan Ola and Rita Oga.

The commission, in the notice of appeal obtained by our correspondents on Thursday, urged the appellate court to set aside the decision of the lower court and reinstate the eighth correspondent, Elumelu, as a party to the charge.

It also seeks that after reinstating Elumelu, the case should be sent to the lower court, where it will be heard by another judge.

Besides, Elumelu, other respondents in the suit at the lower court are Mr. Samuel Ibi Gekpe, Dr. Abdulahi Aliyu, Senator Nicholas Ugbane, Simon Kirdi Nanle, Mr. Lawrence Kayode Orekoya, Abdulsamad Garba Jahun, Kayode Oyedeji and Jibo Mohammed.

In the notice of appeal, the prosecutors stated that the EFCC was appealing the judgment of the Abuja High Court headed by Justice Garba Umar.

In the grounds of appeal, they said the judge erred when he ruled that there was no evidence against the eighth respondent, Elumelu.

The prosecutors stated that more grounds would be filed upon receipt of the ruling.

They asked the Court of Appeal for “an order allowing the appeal, setting aside the decision of the court below appealed from, reinstating the eighth respondent as a party to the charge and remitting the case to the court below for trial to be heard by another judge.”

Delivering ruling on Elumelu, Justice Umar had held that going by the proof of evidence before the court, the EFCC could not show how the lawmaker was connected to the commission of the alleged offence.

The judge had said, “There was no iota of evidence linking him with the N5.2bn rural electrification project fraud.”

SOURCE: The Punch, 13 April 2012. http://www.punchng.com/