17th May, 2012
The arraignment of the Chairman and Deputy Chairman of the dissolved House of Representatives Committee on Capital Markets and Institutions, Herman Hembe and Emeka Azubuogu was on Thursday stalled due to the absence of Azubuogu at the court.
The Abuja High Court had earlier fixed their arraignment for today following the leave it granted the Economic and Financial Crimes Commission, EFCC, to arraign the duo over alleged diversion of public funds.
Hembe and Ifeanyi were serving as Chairman and Deputy Chairman of the House of Representatives Committee on Capital Markets and Institutions respectively before a bribery allegation by the Director General of the Securities and Exchange Commission (SEC), Ms Arunma Oteh led to their replacement.
At today’s proceeding, only Herman Hembe was in court while Mr. Emeka Etiaba, the lawyer who represented Azubuogu told the court that his client had to travel to Nnewi, Anambra state following a kidnap incident involving a member of his family.
Etiaba also told the court that he filed a preliminary objection challenging the leave granted EFCC by the court upon which the House members were to be arraigned.
According to the lawyer, there was no proof that a crime was committed by his client and wondered why the court granted the order.
He asserted that the money given to his client for the conference was an estacode which is legal and non-retireable.
Etiaba also claimed that his client was never requested to refund the money, failing which an allegation of crime would have been brought against him.
On the part of Hembe, his lawyer, Mr. Jibrin Kutepa, a senior advocate of Nigeria, who appeared in protest, told the court that he has an application challenging the jurisdiction of the court and that the court is minded to hear the application which he said is brought under 154 of the Criminal Procedure Code.
He blasted EFCC for wasting energy and resources over a case which lacks any form of substance while those who stole the nation blind in the fuel subsidy saga are still walking free.
The senior advocate further asserted that the proof of evidence filed alongside the charge shows that Hembe indeed travelled to the Dominican Republic even though he didn’t make it to the conference.
In the two-count charge brought against the House members by counsel to the EFCC, Mr. Onjefu Obe, the anti-graft agency alleged that Hembe and Ifeanyi converted to their own use the sum of $4095, about 600,000 given to them by the SEC as travelling allowance to a conference in Dominican Republic in October, 2011.
The offence is contrary to section 308 of the Penal Code Act, Laws of the Federation of Nigeria, 2004.
Justice Umar Sadiq subsequently adjourned till 28 May to hear the applications opposing the trial which had been consolidated.
He also berated Azubuogu for disrespecting the court by not appearing for today’s proceeding despite the fact that he was served with the charge and was aware of the case.
—Nnamdi Felix / Abuja