Alex Enumah in Abuja
Former Minister of Inside, Senator Abba Moro, has been discharged in seven out of the 11-count prison fees introduced in opposition to him by the Financial and Monetary Crimes Fee (EFCC), and was ordered by the court docket to open defence in four-count fees.
Particularly, the court docket discharged Moro within the counts bordering on fraud and cash laundering, and ordered him to open his defence within the counts regarding breach of procurement legal guidelines as a public servant.
Moro is standing trial on an 11-count prison fees bordering on cash laundering and procurement fraud to the tune of N675, 675, 000.
He’s being tried alongside a former Secretary within the ministry, Mrs. Anastasia Daniel-Nwobia; a Deputy Director within the ministry, F. O. Alayebami; Mahmood Ahmadu, and Drexel Tech Nigeria Restricted, a agency concerned within the ill-fated 2014 nationwide recruitment train of the Nigerian Immigration Service (NIS) that resulted within the deaths of some candidates.
In prosecuting its case in opposition to the defendants, the EFCC referred to as over 10 witnesses earlier than closing its case late final November 2019.
As an alternative of opening their defence, the defendants, together with the previous minister, now a Senator representing Benue South senatorial district on the Nationwide Meeting, Moro, entered a no-case submission.
They submitted that the anti-graft company failed to ascertain any aspect of crime most well-liked in opposition to them within the cost.
Delivering ruling within the no-case submission yesterday, the trial decide, Justice Nnamdi Dimgba, nonetheless agreed partially with Moro and different defendants that the prosecution did not show its case in opposition to them.
Whereas Justice Dimgba held that Moro, Mrs. Daniel-Nwobia and Alayebami had case to reply in 4 of the counts, the decide discharged and acquitted Dretex Tech Nigeria Restricted and its proprietor, Alhaji Ahmadu Mohammed, from your complete fees.
Dretex was a non-public Data Communication Know-how (ICT) firm utilized by the ministry of inside beneath Moro to hold out the 2014 recruitment train that introduced concerning the prison trial.
In keeping with the decide, the defendants have some explanations to make because it pertains to counts 2, 4, 5 and 11 because it pertains to breached of the Public Procurement Act, No. 65 of 2007 within the contract awards.
The award of the contract to Drexel, the EFCC claimed, had no prior commercial and no wants evaluation, including that no procurement plan was carried out earlier than the contract was awarded.
The EFCC additional alleged that the contract was awarded via selective tendering process by invitation of 4 corporations with out looking for the approval of the Bureau for Public Procurement, opposite to sections 40, 42 and 43 of the Public Procurement Act, No. 65 of 2007 and punishable beneath part 58 of the identical Act.
Drexel, the corporate that supplied the net enlistment and recruitment providers, was discharged and acquitted and won’t be going through additional trial.
Justice Dimgba held that opposite to the prosecution declare, Drexel Tech International Nigeria Restricted was a registered firm with the authorized capability to enter into the mentioned contract.
As well as, the court docket held that proof positioned earlier than it confirmed that the contract for the recruitment train acquired the approval of related authorities, together with the e-registration train.
Dimgba held that “there is no such thing as a floor for continuing with depend one which pertains to conspiracy because the cost was based mostly on inference and nothing extra.
“Not one of the mentioned candidates was invited by the prosecution to testify to the fee of the N1,000 to entry the e-portal. Sadly, the prosecution couldn’t name a single job-seeker who utilized for the job to offer proof. That is in itself deadly to this depend.
“The proof adduced by prosecution witnesses contradicts the cost because the ministry secured all the mandatory approvals from related authorities for the recruitment train.
“The mentioned recruitment course of was not arbitrary however was permitted by related authorities. It makes no widespread sense within the mild of the proof earlier than the court docket to carry that the train was an act of deception. On this cost, the no-case submission by the defendants succeeds,” he mentioned.
On counts 2, Four and 5, the court docket held that “after reviewing the proof, I’m of the view that there’s a floor to proceed. The defendants have to reveal how the availability of part 15(2) of the Public Procurement Act 2007 exempted them from tender. Within the absence of such demonstration, I’m satisfied that the defendants have to enter their defence on this. I due to this fact overrule the defendants’ no-case submission on account of depend 2, Four and 5.”
The defendants had been equally discharged and acquitted on depend three because the court docket held that “there is no such thing as a floor to proceed on it. The cost is predicated on mere hypothesis and assumption that the contract was unlawful.”
In the meantime, the trial has been adjourned to October 29 and 30 for the defendants to enter their defence.
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