Officials of the Economic and Financial Crimes Commission, EFCC, yesterday arrested 10 people accused of defrauding Oyo State government of N1.59 billion at the premises of the Magistrate’s Court, Iyaganku, Ibadan.
The accused were; Alhaji Hakeem Muili, Alhaja Iyabo Giwa, Adeduntan Johnson, Oguntayo Banji and Adesina Jimoh. Others are; Johnson Bosede, Adebiyi Olasumbo, Kareem Rasheed, Muili Adedamola and Salewa Adedeji.
The defendants were arrested by the EFCC immediately they stepped out of the court premises and were conveyed in the commission’s bus to Lagos.
One of the accused, Alhaja Iyabo Giwa, however, escaped arrest even though she was present at the court premises.
The arrest was sequel to an Ibadan Chief Magistrate’s Court earlier ruling by Chief Magistrate Durosaro Kehinde-Tijani, which struck out the case based on the application made by the Principal State Counsel, Ademola Ojekunle, on June 4.
She cited section 75 and 211 (1) of the1999 Constitution earlier cited by Ojemola, empowering the Attorney-General to withdraw the matter.
The Oyo State government had applied for the striking out of the case through its Attorney-General to enable the EFCC take control of the matter for effective investigation and eventual prosecution of the culprits.
Tijani then struck out the charges against the defendants. The Oyo State Attorney General and Commissioner for Justice, Mr. Adebayo Ojo, affirmed that the EFCC had taken over the matter.
Ojo said the defendants would be charged to court if found culpable in a fresh investigation to be conducted by the EFCC.
It will be recalled that the prosecutor and Principal State Counsel, Ademola Ojekunle, had told the court that the state’s Attorney- General, Mr. Adebayo Ojo, had instructed him to withdraw the charges against the accused persons.
Ojekunle said that the withdrawal of the charges would aid further investigation and prosecution of the matter at the state high court.
But the defence counsel, Adeyinka Okunade, opposed the application for withdrawal, arguing that the prosecution could continue its investigation and present the outcome while the case remained at the court. He also said that it would not be in the interest of justice if the application for withdrawal was granted.
The defence counsel added that there was the likelihood that the accused persons could be re-arrested, describing this as an abuse of court process. Ojekunle also urged the court not to act on the speculation that the accused may be arrested.
It will also be recalled that the 10 officials of the pension board were arraigned on February 25, for alleged fraud of N1.59 billion. The accused were arraigned on a three-count charge of conspiracy, abuse of office and stealing.
The prosecution had told the court that Muili and Giwa abused the authority of their office. Giwa was the former executive secretary of the pension board. The duo of Muili and Giwa were said to have conspired with others and issued cheques and signed in the names of the staff of the pension board to collect pensioner’s money from different banks.
The prosecution said that the incident happened between September 2010 and January 2011 at Agodi Secretariat. It further said that the offences contravened section 516,104 and 390 (5) of the Criminal Code Cap 38 Vol. II Laws of Oyo State of Nigeria, 2000.
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