The High Court of the Federal Capital Territory has held that legislative aides and other political appointees whose salaries and allowances are paid from public funds qualify as public officers, irrespective of whether their appointments are temporary, fixed-term or non-pensionable.
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Justice Chizoba Oji reached the decision in Charge No. FCT/HC/CR/311/17, between the Federal Republic of Nigeria and former House of Representatives member, Hon. Onamusi Onadeko.
In a judgment delivered on July 30, 2026, the court convicted Onadeko on one count of making an inconsistent statement during an investigation by the Independent Corrupt Practices and Other Related Offences Commission.
Justice Oji sentenced the former lawmaker to nine months’ imprisonment with an option of a ₦50,000 fine.
Onadeko, who represented Ogun East Federal Constituency in the House of Representatives between 1999 and 2003, was charged by the ICPC in 2017 over his alleged involvement in the award and execution of constituency projects valued at ₦68.7 million.
The anti-graft commission initially arraigned him on an 18-count charge in 2018, but the charges were subsequently amended to 11 counts.
The ICPC alleged that while serving as a Senior Legislative Aide to the late Senator Buruji Kashamu, who represented Ogun East Senatorial District between 2015 and 2019, Onadeko used two private companies—Stanton Engineering Limited and Haines and Baines Limited—to execute constituency projects.
The projects included the procurement of ambulance vehicles, supply of hospital equipment and drugs to primary healthcare centres, and construction of classroom blocks in six communities within Ogun East Senatorial District.
According to the original charge, contracts for the construction of blocks of three classrooms at Odogbulu Grammar School, Ijebu Imushin Comprehensive High School, United Anglican Primary School, Iworo, and St. Barnabas Anglican Primary School, Ilishan, were valued at approximately ₦43.6 million.
The companies were also awarded contracts worth about ₦20.2 million for the supply of medical equipment, drugs and ambulance vehicles to Community Health Centre, Itele; Obada Health Centre, Oke-Sopin; and Obada Health Centre, Ogijo.
The prosecution alleged that Onadeko was the Managing Director of Stanton Engineering Limited and a nominal director of Haines and Baines Limited while serving as a Senior Legislative Aide.
The ICPC contended that his alleged private interest in companies executing constituency projects amounted to a violation of Sections 12 and 19 of the Corrupt Practices and Other Related Offences Act 2000.
One of the original counts alleged that Onadeko, while employed in the public service as a Senior Legislative Aide and serving as Managing Director of Haines and Baines Limited, knowingly acquired a private interest in an ₦11.86 million contract for the construction of a classroom block at Ijebu Imushin Comprehensive High School.
The ICPC also accused Onadeko of making contradictory statements concerning his relationship with Haines and Baines Limited.
The commission alleged that in an affidavit sworn before a Commissioner for Oaths on June 30, 2016, Onadeko stated that he was a director of the company. However, during the ICPC investigation on May 5, 2017, he allegedly stated that he was neither a shareholder nor a director of the company.
The alleged inconsistency formed Count 11 of the amended charge and was said to violate Section 25(1)(b) of the ICPC Act.
The provision prescribes a fine not exceeding ₦100,000, imprisonment for a term not exceeding two years, or both, upon conviction.
During the trial, Onadeko’s counsel, Wahab Olatoye, argued that his client was not a public officer at the time of the alleged offences because his appointment as a legislative aide was temporary, short-term and non-pensionable.
The defence maintained that Onadeko did not fall within the category of persons who could be prosecuted under Sections 12 and 19 of the ICPC Act, which criminalise and punish abuse of office by public officers.
Justice Oji rejected the argument after examining Onadeko’s letter of appointment and relying on the Supreme Court’s decision in Federal Government of Nigeria v. Farouk Lawan.
The court held that legislative aides paid from public funds are public officers within the meaning of the ICPC Act and may consequently be prosecuted under provisions dealing with the conduct of public officers.
The decision extends to Personal Assistants, Special Assistants, Senior Special Assistants, Legislative Aides, Senior Legislative Aides and similar appointees who receive salaries, allowances or other emoluments from public funds.
The court held that the temporary, fixed-term or non-pensionable nature of such appointments does not remove the appointees from the category of public officers.
However, the court found Onadeko guilty only on Count 11, relating to the inconsistent statement allegedly made during the ICPC investigation.
The ICPC’s account of the judgment stated that the court discharged and acquitted him on Counts 2, 3, 4, 6, 7, 8, 9 and 10. His defence team, however, maintained that he was discharged and acquitted on 10 of the 11 counts involving alleged corruption and diversion of public funds.
According to the defence, the court relied on the evidence of four prosecution witnesses who acknowledged that the contracts in question were awarded in compliance with the Public Procurement Act.
Following an allocutus by defence counsel, Justice Oji sentenced Onadeko to nine months’ imprisonment with an option of a ₦50,000 fine.
Onadeko has since instructed his lawyers to challenge the conviction on appeal.
His legal team said it respected the judgment but was studying the court’s reasoning for convicting him on the lone count of making an inconsistent statement.
“Our legal team is currently studying the full judgment and the ratio decidendi on the conviction. Consequently, we have received instructions to immediately file an appeal against the conviction on the count of making inconsistent statements,” the defence stated.
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