The Economic and Financial Crimes Commission (EFCC), Tuesday, secured the conviction of one Alhaji Uba Mohammed on a two-count charge bordering on criminal breach of trust and fraud before Justice Salisu Garba of the High Court of the Federal Capital Territory, Maitama, Abuja.
Mohammed was alleged to have been entrusted with the authority to collect the rent of a property situated at Plot 1143 Asokoro District of the FCT, Abuja by Zaibadari Company Limited from the “Office of the Presidential Committee on Dairy Production” to the tune of N10m (ten million naira).
The accused, upon collection of the said sum converted same to personal use and disappeared into thin air.
Mohammed was arraigned on October 13, 2009 and pleaded not guilty to the charge preferred against him.
One of the counts read:
“That you Alhaji Uba Mohammed on or about the 5th day of August 2006, at Abuja in the Abuja Judicial Division of the High Court of the Federal Capital Territory, being entrusted with the authority to collect the rent of a property situated at Plot 1143 Asokoro District of the FCT, Abuja by Zaibadari Company Limited from the “Office of the Presidential Committee on Dairy Production” did commit criminal breach of trust by converting the sum of N5,000,000 (Five million naira only) to your own use, being the advance rent to one year payable to Zaibadari Company Limited and thereby committed an offence contrary to section 312 of the Penal Code Act, Cap, 532 Laws of the Federation of Nigeria (Abuja) 1990”.
In the course of trial, the prosecution called two witnesses, tendered documents and closed its case on February 15, 2010, setting the stage for the defense to open its case.
However, the accused had since then remained elusive.
Having suffered several adjournments, and in its bid to bring the accused to justice, counsel to EFCC, T.N Ndifon, invoked the provisions of Section 352 (4) of the Administration of Criminal Justice Act 2015 which states that: ” Where the court, in exercise of its discretion, has granted bail to the defendant and the defendant, in disregard for the court orders, fail to surrender to the order of court or fails to attend court without reasonable explanation, the court shall continue with the trial in his absence and convict him unless the court sees reasons otherwise, provided that proceedings in the absence of the defendant shall take place after two adjournments or as the court may deem fit.”
Justice Garba, after due consideration of the arguments of the counsel, opined that the prosecution had proved its case beyond reasonable doubts.
Consequently, the judge found Mohammed guilty on the two counts of criminal breach of trust and fraud preferred against him.
Relying on Section 352 (5) of the Administration of the Criminal Justice Act, Justice Garba deferred the sentencing of the accused pending the time he is caught.
Meanwhile, the EFCC, also Tuesday, re-arraigned the duo of Peter Amromanoh , Executive Secretary Delta state Scholarship Board and Its Accountant, Andrew Boji Nkwor on five count charge of conspiracy and stealing to the tune of N169million. They were docked before Justice F N Azinge of the Delta state High Court, Asaba.
The accused persons are alleged to have paid bursary to “ghost” students.
They pleaded not guilty to the five count charge preferred against them.
Prosecution counsel Steve Odiase asked the court for a date for hearing but A P A Ogefere, counsel to the two accused persons asked the court to allow the duo remain on the bail granted by the former trial judge Justice Emifoniye,
Justice Azinge adjourned the case to December 8 and 9, 2015 for hearing, while allowing the accused to continue to enjoy the terms of bail earlier granted by court.
It will be recalled that the duo were first arraigned in May 2014 before Justice Emifoniye who has been transferred to another court.
One of the counts reads : “Mr Peter Amromanoh “M” being the Executive Secretary of Delta State Scholarship Board sometime between 2008 to 2012 at Asaba in the Asaba Judicial Division of the High Court of Delta State, stole the sum of N77, 201, 961.62k(Seventy seven million, Two Hundred and One Thousand, Nine Hundred and Sixty One Naira, Sixty Two Kobo) meant for pecuniary resources property of the Delta State Scholarship Board which said sum was fraudulently converted to your own use.”
