The former Chairman of the House of Representatives Committee on Power, Ndudi Elumelu, his Senate counterpart, Nicholas Yahaya Ugbane and his deputy, Jibo Mohammed are heaving a heavy sigh of relief after an Abuja high court at Maitama, yesterday, quashed the 62-count criminal charge preferred against him by the Economic and Financial Crimes Commission, EFCC in a N5.2bn rural electrification scam.
EFCC had on October 30, 2009, arraigned the lawmakers, alongside six civil servants, following roles they allegedly played in an N5.2billion Rural Electrification contract scam, and charged them with with criminal conspiracy, breach of trust and gross misappropriation of public funds.
The said contract that culminated in their trial was initiated by the late President Umaru Musa Yar’Adua’s administration under the Grid Extension and Solar Electricity Project, aimed at enhancing electricity supply in rural communities in Nigeria.
Whereas the lawmakers were accused of awarding the contract to fictitious companies, the civil servants were, on the other hand, accused of using their various positions to facilitate the illicit withdrawal of funds provided for the project under the 2008 amended budget of REA, with the proceed allegedly shared among all the accused persons.
The six civil servants fingered in the alleged fraud were the permanent secretary in the Ministry of Power, Abdulahi Aliyu; Managing Director of REA, Samuel Gekpe; Simon Kirdi Nanle; Lawrence Orekoya; Abdulsamad Garba Jahun; Mr. Kayode Oyedeji and Mrs Igwe Paulinus.
EFCC had alleged that they facilitated the sequential withdrawal of monies earmarked for the said rural electrification contract.
However, sequel to an application by the six REA officials, trial Justice Adebukola Banjoko, ordered separate trial for them, even as Chief Judge of the High Court on October 17, 2012, transferred the case-file of the lawmakers to another judge.
Subsequently, the lawmakers, through their counsel, queried the propriety of the charge against them, contending that going by the proof of evidence before the court, EFCC failed to establish a prima-facie case against them.
Urging the court to quash the charge for constituting an abuse of court process, the accused persons, aside challenging the jurisdiction of the court to try them, argued that going by the provisions of section 6(6) and section 36 of the 1999 constitution, as well as sections 185(b) and 187 of the Criminal Procedure Code, CPC, they ought to be discharged by the court.
They further argued that the Legislative House Power and Privileges Act, CAP 208, imbued them with immunity against prosecution concerning any action they committed in the performance of their legislative duties.