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SEC estacode scandal: Appeal Court frees Rep, Hembe

By on March 15, 2014

The Court of Appeal, Abuja Division, on Friday freed a former chairman of the House of Representatives Committee on Capital Market, Mr. Herman Hembe, saying he had no case to answer in corruption charges filed against him by the Economic and Financial Crimes Commission.

The EFCC had accused Hembe of converting  an estimated N600,000 given to him by the Securities and Exchange Commission to travel to the Dominican Republic, for a conference in October 201‎1.

‎In a unanimous decision, a panel of justices of the Court of Appeal held that Hembe did not commit any offence to warrant him facing trial.

Delivering the lead judgment, Justice Joseph Tine-Tur noted that the action of the EFCC amounted to persecution and not prosecution.

According to him, the proof of evidence as well as the evidence provided by the witnesses called by‎ the EFCC, did not establish a prima facie case against the lawmaker.

Furthermore, the appellate court held that the Abuja High Court judge, who granted leave to EFCC to begin Hembe’s prosecution erred and should not have granted such leave to the anti-graft agency.

The Court of Appeal also held that the incident over which Hembe was charged was an administrative oversight for which he should have been asked to make a refund.

Describing the trial as a waste of judicial time, Justice Tine-Tur consequently quashed the charges, and discharged and acquitted Hembe.

Hembe and his deputy, Chris Azubogu, who was charged along with him over the alleged offence, had pleaded not guilty during their arraignment.

The lawmakers approached the Court of Appeal after the Abuja High Court, which was trying them, dismissed an application they filed in a bid to quash the charges.

The EFCC had insisted that the alleged conversion of the fund, which was given to the lawmakers to travel for a conference  was an offence which contravened the provisions of section 308 of the Penal Code Act, Laws of the Federation of Nigeria (Abuja) 2004, and punishable under section 309 of the same Code.

 

 

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