The Economic and Financial Crimes Commission has charged a former Head of Service of the Federation, Mr. Stephen Oronsaye, and others to court for alleged fraud and money laundering offences involving N1.2bn.
Oronsaye is facing charges over an alleged use of some companies to over N1.9 billion from the national treasury under the guise that the funds were used for biometric data capture project.
However, the court granted freedom to the former HoS along with his co-accused, pending his formal application for bail. He was docked and released alongside his alleged accomplice, Mr. Osarenkhoe Afe.
The company allegedly used to perpetuate the fraud between March 2010 and December 2011—Frederick Hamilton and Global Services Limited—was also charged as the 3rd accused person in the matter.
The anti-graft agency said that it is still tracking a former Deputy Director of Finance in the office of the Head of Service, Mr. Abdulrasheed Maina (now at large) who it said was also involved in the fraud.
In count one of the charge marked FHC/CR/297/2015, the EFCC alleged that on or about July 2, 2010, the accused persons collaborated in disguising genuine nature of the sum of N161,472, 000 derived from an illegal act to wit: conducting procurement fraud by means of fraudulent and corrupt action, the contract extension of biometric enrolment purportedly awarded to Innovative Solutions Limited by the Office of the Head of Service of the Federation, without following due process and thereby committed an offence punishable under section 14 (1) (b) of the Money Laundering (Prohibition) Act, 2014.
The accused persons all pleaded not guilty to the 24 counts preferred against them when they appeared before Justice Gabriel Kolawole on Monday.
EFCC wanted the accused to remanded in prison custody till next adjourned date, but the lawyers to the accused opposed.
Shortly after their arraignment, Justice Kolawole released them to go home, pending the hearing of their bail application scheduled for July 21.
But the judge ordered that their release would be effective upon filing of a written undertaking by the defence counsel within 48 hours and an assurance to produce the accused persons in court at the next hearing date.
The accused persons allegedly collaborated in defrauding the Federal Government to the tune of N118,992,201.6 under the guise of paying the money in tranches for the contract of biometric data capture project between March 2010 and December 2011.
The fraud was allegedly perpetrated through the award and payment for fake contracts to nine companies including, Innovative Solutions, Fredrick Hamilton Global Services, Xangee Technologies Limited, Fatideck Ventures, Obalando Nigeria Enterprises, Moshfad Enterprises and Fesbee Global Resources Limited.
Other companies through which the accused persons allegedly siphoned the money from the Federal Government included Jolance Integrated Concept Limited and M.OF Investment Limited.
One other person, who was allegedly involved in the fraud, Abdulrasheed Maina, was said to be on the run.
The accused persons were charged under section 14 of the Money Laundering (Prohibition) Act, 2004 and section 1(1) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.
The fraud offences were said to be punishable under 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.
Two of the 24 counts read, “That you Stephen Oronsaye, Abdulrasheed Abdullahi Maina (now at large), Osarenkhoe Afe and Fedrick Hamilton Global Services Limited on about July 2, 2010 in Abuja, within the jurisdiction of this honourable court collaborated in disguising genuine nature of the sum of N161,472,000 derived from an illegal act to wit: conducting procurement fraud by means of fraudulent and corrupt action the contract extension of biometric enrolment purportedly awarded to Innovative Solutions Limited by Office of the Head of Service of the Federation without due process and you thereby committed an offence punishable under section 14(1)(b) of the Money Laundering (Prohibition) Act, 2004.
“That you, Stephen Oronsaye and Abdulrasheed Abdullahi Maina (now at large) on or about July 7, 2010 in Abuja within the jurisdiction of this honourable court, by false pretence and with intent to defraud, induced the delivery of the sum of N119,398,500 from the Federal Government of Nigeria to one Frederick Hamilton Global Services Ltd, purporting same to be contract sums for biometric data capture project which you know to be illegal and you thereby committed an offence contrary to section 1(1) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006 and punishable under 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.”
Justice Kolawole, in his ruling, said that he had reflected on the issues canvassed by all the parties, while agreeing with the prosecution that the prison was the appropriate place to remand accused persons after arraignment, said he was mindful to allow Oronsaye and his alleged accomplice to go home on the strength of a written undertaking from their lawyers.
Acknowledging that there are cases that have political undertones, Justice Kolawole said that the court must “remain immune to such issues which are rather complex, which no court of law has the capacity to deal with.”
Pinpointing the fact that the accused persons were earlier granted administrative bail by the anti-graft agency, the judge held: “The prosecution has not told the court that the accused persons posed a flight risk.
“This court will not lend its machinery to soothe the ego of any person or authority. The first defendant does not in my view pose any flight risk. If the complainant had the powers to admit the accused persons to administrative bail until last Friday when they were detained, this court has the power to make an interim reprieve orders.
“I hereby decline oral applications for bail made by counsel to the accused persons, the application must be formal. The accused persons shall be released on the strength of undertaking from their counsel, which must be made within 48 hours.
“I am comfortable releasing them under undertaking by their counsel. I am not in doubt that the primary place for remand of an accused person is the prison, but this may not be so in some cases like in this one.”
He maintained that his decision, which may appear radical, was aimed at breaking away from the prevailing practice of judges always remanding accused persons in either EFCC or prison custody. “I am an activist judge,” he jokingly added.
Oronsaye’s lawyer, Agabi, SAN, immediately signed the undertaking and the accused persons were allowed to go home in company of their family and friends.
Meanwhile, whereas the court yesterday fixed July 21 to hear the bail applications of the accused persons, it equally slated October 28, 29, November 3, 5 and December 2 for their trial.
The court then adjourned till September 21.
But the judge fixed October 28, 29; November 3 and 5 as well as December 5 for trial.
web reports
