EFCC Files Fresh Charges Against Elumelu, others Involved in N 5.2 billion REA Scam

The Economic and Financial Crimes Commission (EFCC) has appealed the Federal High Court ruling issued on March, 24, 2012 that cleared several lawmakers of corruption and criminal breach of trust concerning the N 5.2 billion Rural Electrification contract scam.

The lawmakers include Hon. Godwin Ndidi Elumelu, Senator Nicholas Yahaya Ugbane and Hon. Jibo Mohammed. They stand accused of siphoning N 5.2 billion from the Rural Electrification Agency account at the Central Bank of Nigeria.

Justice M.G Umar of the Federal High Court in Abuja, on March 24^th 2012, released the lawmakers from the 15 count charge brought against them by the EFCC.

In the appeal documents filed by the EFCC, they allege that Justice Umar erred in his decision when he held that he was unable to find a prima facie case disclosed in the proof of evidence against one of the respondents.

The EFCC’s lawyers in their appeal documents stated, “The consideration of the question of whether or not a prima facie case has been disclosed against an accused is limited to the proof of evidence filed in support of the charge. The proof of evidence does not have to disclose absolute proof or evidence required at the trial stage; it is sufficient if a prima facie case is disclosed connecting the accused to the offence.

“Using the above-stated parameters, the proof of evidence before the court below clearly reveals a prima facie case against the 8th respondent in relation to the offences for which he was charged. The learned trial judge adopted a wrong parameter in reaching his finding – hence the error.”

One of the new charges reads, ““that you Senator Nicolas Yahaya Ugbane, Hon. Ndudi Godwin Elumelu, and Hon. Jibo Mohammed, sometime in December 2008, in Abuja within the Abuja Judicial Division of the High court of the Federal Capital Territory of Nigeria, while serving as the Chairman, Senate committee on power, Chairman, House of Representatives Committee on Power, respectively; abetted the commission of an offence, to wit: criminal breach of trust by public servants in the purported award of 4 (Nos) Solar Electrification contracts to Helping Hands International Ltd, cumulatively amounting to N119,669,654.28( One hundred and Nineteen Million, Six Hundred and Sixty Nine Thousand, Six Hundred and Fifty Four Naira, Twenty Eight Kobo Only) which contract were unlawfully awarded from the 2008 Amended Budget of the Rural Electrification Agency (REA); and thereby  committed an offence contrary to Section 83(b0 and punishable under Section 85 of the penal code Act Cap 532 Laws of the Federation of Nigeria(Abuja) 1990.”