By John Chuks Azu & Balarabe Alkassim, (Bauchi)
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Few weeks to the inauguration of newly elected officials, the fate of Bauchi State governor-elect, Senator Bala Mohammed, hangs in the balance as he faces cases instituted by the Economic and Financial Crimes Commission (EFCC).
The Economic and Financial Crimes Commission (EFCC) on Monday, April 29, 2019, moved to restart the six count charges against former Minister of the Federal Capital Territory (FCT), Senator Bala Mohammed before an FCT High Court bordering on bribe-taking and false declaration of assets.
The initial trial judge, Justice Abubakar Talba was in 2018 elevated to the Court of Appeal. The case has now been re-assigned to the FCT High Court presided by Justice Yusuf Halilu.
The EFCC alleged that Mohammed, who is the Governor-elect for Bauchi State, gave false statement to an investigator with the commission, Ishaya Dauda that he acquired a house at No. 2599 and 2600, Cadastal Zone AO4 Asokoro District Abuja through a mortgage facility from Aso Savings and Loan Bank Plc.
The EFCC, through its prosecuting counsel, Wahab Shittu, alleged that the property was gratification accepted by the ex-minister as reward “for performing your official duties.” He is also accused of failing to make full disclosure of his property on 54, Mike Akhigbe Street, Jabi, Abuja and another at Angwan Sarki, Kaduna State while filing his asset declaration form at the EFCC.
He was also alleged to have made a false declaration that a property on CITEC Kwara House 5, AP Street, Mbora, Abuja belongs to him, while the property actually belongs to Abubakar Abdu Mohammed.
The offences, according to the EFCC is contrary to Section 09 (2) (a) of the EFCC (Establishment) Act 2004 and punishable under Section 39(2)(b) of the same Act.
The commission also accused Mohammed of abuse of office through the allocation of four fully detached and 11 semi-detached duplexes valued at N314million to his associates through the Presidential Tax Force on Sale of Government Houses, which the commission claimed contravenes Section 19 of the ICPC Act 2000.
Mohammed could not however be arraigned due to the absence of the judge. The case has been adjourned to a later date.
How the case commenced
The former FCT Minister first ran into troubled waters on October 24, 2016 when he was detained by the EFCC as he honoured their invitation.
The anti-graft commission in December, 2016 charged him with five-count charges bordering on abuse of office. But the commission withdrew the charge for amendment same month.
The commission finally arraigned Mohammed in May 10, 2017 on a fresh six-count charge bordering on abuse of office, false declaration of assets and fraud to the tune of N864million. He was accused of receiving N550million as bribe from the Aso Savings and Loans PLC with respect to some properties in the Asokoro area of Abuja during his tenure in 2014.
He was further accused of abusing his position as Board Chairman of Aso Savings by allocating to himself four fully detached duplexes and 11 semi-detached duplexes valued at N314million through the Presidential Taskforce on Sale of Governments Houses.
The trial judge, Justice Abubakar Talba on May 13, 2017 granted him bail in the sum of N500million after he was initially remanded in prison pending hearing of his bail application brought by his counsel, Chris Uche (SAN).
Similarly, Shamsudeen Bala Mohammed, son of the ex-minister was on February 1, 2017 arraigned before a Federal High Court in Abuja over alleged corruption charges during his father’s tenure as FCT Minister. The transfer of the presiding judge in the trial, Justice Nnamdi Dimgba to Asaba Division may affect the matter.
Why the cases are coming now?
The manner of the commencing the charges against the former minister few weeks to his inauguration as Governor of Bauchi State, has led to speculations that the case has a political undertone.
Mohammed himself, in a statement, claimed that the charges were brought up because he is determined and has enough evidence to probe his predecessor in office.
A legal practitioner, Okonache Ogar said the move is political since Mohammed is already facing trial in another court on related allegations.
What fate awaits case if sworn-in?
Ogar said the case cannot be determined within one month as envisaged by the prosecution, maintaining that by the time hearing would even begin, the defendant would have been sworn in and thus be covered by immunity from civil or criminal prosecution under Section 308 of the Constitution.
In the same vein, Hamid Ajibola Jimoh Esq. said the ex-minister could no longer be tried after he is sworn-in, maintaining that the case cannot be concluded in a hurry as the Constitution demands that every accused person must be given sufficient time to prepare for their defence.
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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