Embattled former Speaker of the
House of Representatives, Dimeji
Bankole has challenged the
competence and prosecutional
powers of the lawyer to the
Economic and Financial Crimes
Commission [EFCC], Mr. Festus
Keyamo to prosecute him on the
16-count charges bordering on
alleged inflation of contracts to the
tune of N984 million.
Consequently, Bankole currently in
the custody of the EFCC with his
deputy, Usman Bayero Nafada has
asked Justice Donatus Okorowa of
Federal High Court to quash the
charges against him.
This was the content of his
application filed by his lawyer, Chief
Adegboyega Awomolo SAN,
wherein he raised six grounds upon
which he asked the court to quash
the charges.
It is his contention that Keyamo
lacked the competence to exercise
prosecutional powers of the
Attorney-General of the Federation
because as at the time of filing the
charges, there was no Attorney-
General of the Federation to give
him the fiat to prosecute.
He said: “The last AGF was
Mohammed Adoke SAN, who
vacated officially on the dissolution
of the Federal Executive Council on
28th May, 2011.
“The AGF is the only officer that the
Constitution empowered to issue
fiat to private legal practitioner to
institute or continue criminal
proceedings in the high court.”
The applicant noted that the charges
were filed on June 7th, 2011 when
no AGF was in office.
He argued that he was not a person
answerable to any acts or omission
done pursuant to the provisions of
the Public Procurement Act, 2007,
the law he was accused to have
contravened.
Besides, he contended that the office
of speaker of the House
Representatives which he occupied
between 2007 and 2011 was not
cognizable for the purpose of
criminal responsibility or liability
within the scope and intendment of
the Public Procurement Act, 2007.
Attacking the proof of evidence,
Bankole said the document did not
link him with the items allegedly
procured in contravention of the
Public Procurement Act .
The former speaker has also
boosted his legal team. He now has
five Senior Advocates of Nigeria
namely, Awomolo, Michael
Fashanu, Olawale Akoni, Dr. Awal
Kalu and Professor Charles
Ilegbune.
He argued that he was never by law
or in practice, a staff of the National
Assembly under section 9 of the
National Assembly Service
Commission Act or in the Public
Service of the Federation under the
Act.
He further stated that he was neither
the accounting officer nor the
procurement officer and wondered
why he would be accused of
inflating contract sums.
The former speaker described as
dubious some counts charges
which alleged conspiracy between
him and ‘others now at large’
because none of the persons who
constituted the ‘Body of Principal
Officers of the House of
Representatives’ was at large.
Bankole said that he was not likely
to have a fair trial because he had
been vilified, demonised and
condemned unfairly in the public
domain.
The former speaker is charged with
33-count charges in different courts.
He was charged with 16 counts
before a Federal High Court in Abuja
and another 17 before an Abuja
High Court.
He had pleaded not guilty to all the
charges. Soon after he was granted
bail by Justice Donatus Okorowa of
the Federal High Court in Abuja on
Monday, Bankole was immediately
re-arrested by operatives of the
Commission.
He was thereafter driven to Apo
Division of the Abuja High Court
where he was arraigned alongside
his former deputy, Usaman Nafada
on another 17-count charges
bordering on illegally obtaining
loans of N40 billion on behalf of the
House of Reps.
They both pleaded not guilty to the
charges.
The trial judge, Justice Suleiman
Belgore ordered that they be
remanded in the custody of the
Economic and Financial Crimes
Commission till Thursday when he
would hear the accused persons’
bail application.
In the new charges, Bankole and
Nafada were accused of committing
criminal breach of trust when they
conspired between themselves to
approve the allowances and
running cost of members of the
House of Representatives in
violation of the approved
Remuneration Package for Political,
Public and Judicial Office Holders by
the Revenue Mobilisation Allocation
and Fiscal Commission and the
extant Revised Financial Regulations
of the Federal Government of
Nigeria, 2009.
They were also accused of
obtaining various loans totalling
about N40 billion in contravention of
the extant Revised Financial
Regulations of the Federal
Government of Nigeria, 2009 and
thereby committed an offence
contrary to Section 311 of the Penal
Code Act, Cap 532, Laws of the
Federation of Nigeria (Abuja) 1990
and punishable under Section 315 of
the same Penal Code Act.
They were also accused of using
Topic: Nigeria: Bankole fight back (Read 1620 times)
