NBC’s DG Kawu, two other arraigned over alleged N2.5b fraud

After series of postponements, the Federal High Court in Abuja formally opened hearing on Thursday in the two-count criminal charge filed against the Director General (DG) of the National Broadcasting Commission (NBC), Dr.Is’haq Modibbo Kawu and two others for their alleged complicity in the misapplication of N2.5billion meant for the digital switch-over (DSO) project of the Federal Government.

On Thursday, Kawu, who limps, but had to support himself with a walking stick as he walked into the dock, was arraigned with the Chairman of Pinnacle Communications Limited, Lucky Omoluwa and the firm’s Chief Operating Officer (COO), Dipo Onifade, on the charge.

Kawu and others pleaded not guilty to the charge, following which their lawyers applied for bail.

Justice Folashade Giwa-Ogunbanjo after standing the case down for hours, resumed sitting around 2pm, during which she read a ruling on the defendants’ bail applications, which she granted.

Justice Giwa-Ogunbanjo granted bail to each of the defendant at N100m and two sureties.

The judge, who declined to order the remand of the defendants, directed them to perfect the bail granted them within 10 days, failing which they could be remanded in prison custody until they are able to meet the conditions.

Justice Giwa-Ogunbanjo, in granting bail to the defendants, relied on sections 35 and 36 of the Constitution and sections 158, 159 and 162 of the Administration of Criminal Justice Act (ACJA) 2015.

The judge ordered the two sureties must be Federal civil servants not below Grade Level 17 and must show evidence of tax payment within the last three years.

She said one of the sureties must reside within the Federal Capital Territory (FCT); must own landed property in the FCT and must deposed to an affidavit of means.

The judge, who barred the defendants from travelling abroad and ordered them to deposit their international passports with the court, directed the prosecution to verify the addresses of the sureties.

She adjourned till Friday for the prosecution to commence trial.

Earlier, after the defendants pleaded to the charge, prosecution lawyer, Henry Emore sought to be allowed to call his witnesses for the commencement of trial, an application lawyers to the defendants – Abdulhakeem Mustapha (SAN), Alex Izinyon (SAN) and A.V. Etuwewe objected to, and proceeded to argue the defendants’ bail applications.

Mustapha represented Modibbo, Izinyon appeared for Omoluwa and Onifade while Etuwewe represented their firm, Pinnacle Communications Ltd.

In the 12-count charge, the Independent Corrupt Practices and other related offences Commission ICPC) charged Kawu and others with abuse of office, money laundering and misleading a public officer with the intent to defraud the federal government, in contravention of Section 19 of the Corrupt Practices and other related offences Act, 2000.

In 2016, the Federal Government released N10billion to the Ministry of Information and Culture for execution of the digital switch-over project intended to ensure the migration of government’s television stations to the digital platforms.

The government equally issued a White Paper, directing how the process should be executed.

By the guidelines, two companies were nominated to handle the process, one of which was ITS, an affiliate of the Nigerian Television Authority (NTA).

N1.7billion was said to have been released to the firm as seed grant for the commencement of the execution of the project.

The ICPC alleged that Kawu fraudulently recommended Pinnacle Communications Limited, a private company, to the Minister of Information and Culture for release of N2.5 billion against the guidelines contained in the White Paper.