The Federal High Court today in Gombe today sent bad news to former governors and their lawyers who are hoping to avert trial by challenging the authority of the Economic and Financial Crimes Commission (EFCC) that the agency has the power under the EFCC Act to prosecute.
The Federal High Court today in Gombe today sent bad news to former governors and their lawyers who are hoping to avert trial by challenging the authority of the Economic and Financial Crimes Commission (EFCC) that the agency has the power under the EFCC Act to prosecute.
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Specifically, the court told a former governor of Gombe, Alhaji Danjuma Goje and four others who are facing conspiracy and money laundering charges before it that they do have a case to answer. The other suspects are Aliyu El-Nafaty, Sambo Tumu, S.M. Dakoro, and the firm of S.M. Dakoro Gombe.
Furthermore, Justice Olaide Babatunde Quadri told the accused persons not to consider walking too far away because the Court has jurisdiction to hear the case, and that a prima facie case has been established against them.
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The suspects had filed motions seeking to quash the 18 count charges brought against them by the Commission, and in December 2011 challenged the competence of the EFCC to investigate and prosecute them. They argued that the court lacked jurisdiction to try them in respect of the charges and that the counts did not disclose any prima facie case against the accused persons.
Defence Counsel, Adeniyi Akintola argued that the charges as constituted and filed by the EFCC were dead on arrival, and that the charges against Goje which bordered on conspiracy, was portrayed to have conspired with himself, a fact he claimed was not possible from the point of law. He further submitted that the charges were predicated on a non-existing law, the Money Laundering Act 2004, which according to him has been repealed by section 21 of the 2011 Money Laundering Act.
According to Mr. Akintola, the Governor was given executive powers by the constitution to act ‘executively, by fiat, even in the award of contracts or appropriation without responding to anybody’.
His argument was dismissed by prosecuting counsel Wahab Shittu, who drew attention to the evidence before the court. Among other questions, he asked, “Is defence asking the court not to listen to the 23 or more witnesses and 14 witness statements that are ready for the trial? Will the court not allow trial to take place when the accused persons have explanations to make”?
Today, Justice Quadri agreed with Mr. Shittu that the accused do have a case to answer, and that the court has the jurisdiction to hear it, as does the EFCC to prosecute.
The trial will now be undertaken on May 8 & 9 on an accelerated basis.
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