Beleaguered member of the Federal House of Representatives, Farouk Lawan, who chaired the Ad-Hoc Committee on Monitoring of Fuel Subsidy Regime in the country, and Secretary of the committee, Boniface Emenalo were on Friday arraigned before a High Court sitting in Abuja and sent to prison till February 8 when the case is due to be heard again.
The two were arraigned on a seven-count charge of soliciting and obtaining the sum of $620,000 from Chairman of Zenon Oil, Femi Otedola but they pleaded not guilty to all the charges.
As signed by Mrs. O.O. Fatunde, the director of public prosecutions of the Federation, on behalf of the Attorney General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke, part of the counts read that, “Hon. Farouk Lawan (M) while being a member of the House of Representatives and Chairman of Ad-hoc committee on Monitoring of fuel subsidy regime sometimes in April 2012 or thereabout at Abuja within the Federal Capital Territory under the jurisdiction of this honourable court did while acting in the course of your official duty corruptly obtain the sum of $500,000 (five hundred thousand dollars) for yourself from Mr. Femi Otedola Chairman Zenon Petroleum and Gas Ltd as an inducement to remove the name of Zenon petroleum gas ltd from the report of the House of Representatives Adihoc committee on Monitoring of fuel subsidy regime and you thereby committed an offence contrary to section 17 (1) of the Corrupt practices and other Related Offences Act, 2000 and punishable under section 17 (1) of the same Act.
“That you Mr. Emenalo Boniface (M) while being a public officer, an Assistant Director and Secretary of the House of Representatives Ad-hoc committee on Monitoring of Fuel Subsidy Regime sometimes in April 2012 or thereabout at Abuja within the. Federal capital territory under the jurisdiction of this honourable court did while acting in the course of your official duty as Secretary…corruptly asked for the sum of $3,000,000 (three million US dollard) for yourself from Mr. Femi Otedola…and you thereby committed an offence contrary to section 8 (1) (b) (ii) of the Corrupt Practices and Other Related Offences Act, 2000 and punishable under section 23 (3) of the same Act.”
But they will remain in the Kuje Prison till the adjourned date for a ruling on their bail applications, which were moved by their lawyers led by Mr. Rickey Tarfa and Chief Mike Ozhekome, who sought the court to grant them bail on self-recognition.
Mr. Rickey Tarfa had explained that the bail application is brought pursuant to Sections 35 and 36(5) of the constitution as well as 340 and 341(2) of the Criminal Procedure Code. He urged the court to remember that the two lawmakers had been granted administrative bails and they have never flouted the terms of the administrative bail.
He emphasised that even in the face of pressure, the two had travelled out of the country several times and never stayed back in a bid to evade justice, but have always returned to the country. He added that thus far, the two lawmakers had visited the Nigeria Police Force Headquarters 37 times during the course of investigation into the matter.
He appealed that with such obedience to rule of law, the court should consider the applications and grant them bail on self-recognition as members of the House of Representatives.
To buttress his point, he noted that Lawan is a four-term member and current Chairman, House Committee on Education and Finance as well as member of ECOWAS Parliament for the past 12 years.
In a counter argument, however, counsel to the Independent Corrupt Practices and other related Offence Commission (ICPC), Chief Adegboyega Awomolo, told the court that the lawmakers are not being tried for ordinary offences that are simply bailable. He noted that offences such as these earn suspects between two and seven years imprisonment.
He further said, as lawmakers, the duo committed crimes at the highest level in the legislative arm of government but after being caught, they never showed remorse or declare any undertaking that they would not go back to the House, join another committee, demand and accept another bribe that could even be more than the $3 million they demanded from Mr. Femi Otedola.
He recalled that the two suspects were part of the drafting of the ICPC Act in 2000 and so understood the crime they were fixing themselves against the same laws they drafted.
He urged that on these premises, they should be denied bail and be remanded in prison custody till their trial commences.
The presiding judge in the case, Justice Mudashiru Oniyangi, noted that the defendants applied for the bail and moved it the same day. He said the court needed time to examine the application before a decision could be reached on it.
He thereafter ordered the lawmakers to be remanded at the Kuje Prison until the ruling on their bail application, which was fixed for February 8.
