You Will Stand Trial, Abuja Court Tells Former House of Reps Committee Chair, Lawan Farouk

Lawan Farouk
By SaharaReporters, New York

Not so fast!

That is what an Abuja court this morning told the disgraced former Chairman of the House of Representatives' Ad-Hoc Committee on Monitoring of Fuel Subsidy Regime, Lawan Farouk, and its former Secretary, Boniface Emenalo.

The two men, accused of receiving the sum of $620,000 (about N97 million), from oil mogul and billionaire businessman, Femi Otedola, in April 2012 as inducement to remove his Zenon Petroleum and Gas Limited from the list of companies to be indicted by the Ad-Hoc Committee, had mounted a legal campaign to get the court to dismiss the charges brought against them by the Independent Corrupt Practices And Other Related Offences Commission (ICPC).

In addition, Lawan and Emenalo, both defendants in suit FCT/HC/CR/76/2013, had in their application dated March 28, also sought an order of the court setting them free.

The presiding judge, Justice Mudashiru Oniyangi, had bad news for them.  He ruled that they each have a case to answer over the subsidy bribe allegations.  And yes, he assured them, the court does have jurisdiction and is competent to hear, try and determine the matter.

That was not all.  On some technicalities, the court further ruled that the prosecution not having attached statements of witnesses to the charge was no basis to discharge the accused persons.

"The position of the law is clear, provision of Section 185(b) of the Criminal Procedure Code, CPC, relied upon by the accused persons does not suggest that written statement of witnesses must be attached to an application to prefer charges, I therefore hold that Section 185(b) of the Criminal Procedure Code requires an attachment of proof of evidence and not written statement of witnesses," he said.

The court further established that a prima facie case has been made against both men, requiring them to stand trial.

"Once there is evidence from the documents tendered before the court that the accused has questions to answer in respect of the charges, the accused should face his trial and prove his innocence," the judge maintained.
The matter was consequently adjourned for hearing to June 19.

Reacting to the court's decision, Rickey Tarfa, counsel to the accused persons, stated that he would study the certified copy of the ruling and discuss with his clients to know the next line of action to take. He indicated that they may appeal the decision if the occasion demands.

Count one of the charge reads: “That you,  Farouk Lawan (M) and Mr. Emenalo Boniface (M) sometime in April 2012 or thereabouts in Abuja within the Federal Capital Territory under the jurisdiction of this honourable court did while acting in the course of your official duties as Chairman and Secretary (respectively) of House of Representatives Ad-Hoc Committee on Monitoring of Fuel Subsidy Regime conspired between yourselves and with each other to corruptly obtain the sum of $3,000,000  for yourselves from Mr. Femi Otedola, Chairman of Zenon Petroleum and Gas Ltd, as inducement to remove the name of Zenon Petroleum and Gas Ltd from the House of Representatives AdHoc Committee on Monitoring of Fuel Subsidy Regime’s Report and did cause the House to remove the name of Zenon Petroleum and Gas Ltd from the said list and thereby committed an offence contrary to section 26(1)(c) of the Independent  Corrupt Practices and Other-Related Offences Act, 2000, and punishable under section 8(1) of the same Act.”

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The most corrupt ministry in Nigeria

The true test of integrity is its blunt refusal to be compromised, the judiciary is said to be the last hope of a common man, but what is it like in our dear country? Well, i can say that the judiciary is the death of a common man.
-Somebody who stole my phone last year.
-Punishment to the criminal
No punishment, because the thief was not caught due to no police investigation, why? I am a common man.
-Somebody who stole Governor Aregbesola's phone
-Punishment
45years imprisonment.
-Maina stole 27billion naira from the pension fund he is in charge of.
Punishment:
2years imprisonment or fine of 750thousand Naira.
And many other cases of injustice.
Arh! Nigeria is pregnant, no body knows what she is going to give birth to.
My advice to Nigerians who wants unity of the country is that we should go on a mass street protest against our government and its system of operations, yes we have that right lets go out and say NO to our corrupt leaders and their tricks.

@OC

That's what you were made to believe; how about Otedola rushed to cry foul after he realised the intent of collecting bribe was to expose him? What's tthe evidence he was pressured? Did he report? To who? About the sting operation, how come Otedola was the one in custody of the materials of the operation? Was he a member of thee Fraud unit that did the operation? Otedola is culpable! He is not in court cos of alliance with presidency aka he is above the law. He could not have reported and whichever agency hee repported to allow him single handedly execute the operation.

What about the giver?

What about the giver? Haven't you guys been following the story. You want the giver who recorded the discussion and framed Farouk to be arrested. You dont arrest a whistle blower, he only appears as a witness pending when concrete evidence indites him. Its unfortunate for Farouk because he doesn't even have a single evidence to indite Otedola, if he had, Otedola would have been arrested. Moreover it took a long while before Farouk was arrested, hence he had enough time to gather his evidence against Otedola. But all was against him. PLease lets be serious. Otedola might still be roped in, but then, we must wait for the evidences to emerge if there are any.

Re: 'What about the Giver'?

It's the giver that reported it, otherwise, you and I wouldn't have known about it. The giver was pressured, and so he set the petty pint-sized thieves up, by giving and then reporting them!

Good

This is a very good and encouraging start, the Judge should be courageous enough to give judgement Judicially and Judiciously and write his name in gold. The Government should encourage more of this kind of cases.

There is a gunpowder KEG ,and

There is a gunpowder KEG ,and its name is Nigeria,somehow somehow,it will explode soon either by providence or otherwise...very soon

You Will Stand Trial, Abuja Court Tells Former House of Reps Com

Barawon banza kawai. God bless you, Justice Oninyangi

FUNNY LAWS IN NIGERIA JUDICIARY SYSTEM

I have been reading about funny laws in Nigeria judiciary system for long and conclude that they are one of the major impediment to the growth of the country.Is this not the same thing applicable to a rapist in the North who go unpunished while the raped is flogged and sometimes stoned to death? All those who have stolen the oil money for their selfish use must oneday and very very soon face the law of the people should the judiciary decide to let them off the hook.Nigeria now is in total disarray.May God help us!

FAROUK LAWAN'S CASE

The accused, the defense team, the prosecution and the judge will all give account to God. This case has overstayed. Can't our courts learn from the Supreme Court of Kenya where the parties agree on the day for ruling on a case and work towards it? I wish Lawan will hasten to clear his name because Nigerians are watching. It is such funny cases that can easily bring about revolutions.

Trial yes, Jail ,no way

That the normal thing they do, he will be tried to clear him for future post.
Something all of us have almost forgotten these crooks that are in the judiciary wanted to take their own cut.
I bet, if Farouk, get 5 years jail term, I will change my name. but one useless judge sentence a young man to 45 years without option of fine for stealing governor Aregbesola phone and using it to try to defraud a monarch.
We are watching all this drama they are performing here and call it ruling.
We knew all of them and when the time comes, there will be no hiding place for them.
They have succeeded in making Nigerians hate each other, all my people say now are Hausa, Igbo, Yoruba, Ijaw, Fulani etc. No one belive in Nigeria again. All is the hand work of wicked politicians.
Thunder will struck all of them one by one.

I thought this involved the giver and taker?

I thought this involved the giver and taker? Why is Otedola not being tried too?

What anout the giver Femi Otedola

What about who gave the bribe, is not the same law that hold them, giving and taking of bribe is a criminal act. Why must then now the receivers now face the law, Femi Otedola knows very well that his company is guilty of talking the oil subsidy money and not supplying the product that is why he want to bribe to remove his company name from the list. I think when he know that may difficult to do he opened up.

But wait a minute.....

Wait a minute, what about the giver? So you mean the taker is the only guilty one? The money did not fall from the skies, right? so what about the the GIVER? I feel really bad Farouk Lawal, how he allowed himself to be used! Greed!

we citizen of Nigeria always been decieve.

we the citizen of don't even know our right and our judges are corrupt judges, simple thing should be done, nobody above the law. People are starve and homeless no job for graduate yet someone is there looting money, is obviously unlawfull.

Pocket-Size Thief

Look at the matchbox thief. You can hide this thief in your back pocket.

But where is the oil money of the United SS&SE Republic stolen?

But has Farouk the idiot returned the oil money of the United SS&SE Republic stolen? See how chevron & Shell spillage polluted our waters just few weeks ago, but the idiotic aliens - Farouk & Otedola will be holding meetings before dawn, in unholy hours, just to share the money. Money from my backyard. Should the people of the United SS&SE continue to condone this nonsense? No. Certainly, not!. Nonsense.

...Only in continent Nigeria do you find oil wealth not controlled & marketed by the owners. This MUST stop. The oil is on our soil. On our rivers. No legislation, physical or spiritual will change that. Offshore on-shore nonsense.

Long live the United Rep of the oily SS&SE

This is how they are going to

This is how they are going to sweep this case to the dust bin of history. For once lets do the right thing and what is right in this case is to let them face the trail to let us know if they are guilty or not. Its taking to long a time let the courts wake up from slumber.

It is a surprise that...

It is a surprise that these two haven't been tried and jailed already. What is the delay for? But on the other hand it is also a surprise that the court hasn't acquitted them already (just yet) But even if there will be a court case, we all know the verdict....NOT GUILTY......Corruption is an unpunishable crime in Nigeria. Especially when it is committed by public officials. Money will change hands...The judge will make his "NOT GUILTY ruling" and even if they get charged, then they will get nothing less than a 2 yrs prison term- slap on the wrist ruling with VIP treatment in the prison system.....Hissing....Abeg make we hear word joor. No be Nigeria? Country wey backwards black people dey rule no fit everly go forward.