N620m Bribery Allegation: Court Begins Trial of Farouk Lawan

Alex Enumah

The trial of a former member of the House of Representatives and Chairman Ad hoc Committee on the Fuel Subsidy Regime, Hon. Farouk Lawan, finally took off after months of several legal huddles when

Justice Angela Otaluka of the Federal Capital Territory (FCT) High Court, sitting in Lugbe, Abuja, called on the prosecution to present its witnesses.

The case commenced after the court ruled against a motion by the counsel to the defendant, Mr. Secop Zumka, who had urged the court to quash the charge against his client until the issue of jurisdiction was resolved.

Responding, the counsel to the federal government, Adegboyega Awomolo (SAN), citing Section 396(2) of the Administration of Criminal Justice Act, objected on the grounds that the application was not ripe at this stage, adding that plea had been taken and by consent of both counsel, the case was adjourned definitely for hearing.

Lawan was first arraigned on a seven-count charge bordering on bribery and corruption, when he was the Chairman of the House Ad hoc Committee on the Subsidy Regime in 2012, before Justice Oniyongi who was promoted to the Appeal Court.

The case was then assigned to Justice Adebukola.

However, following claims that the judge has a relationship with Femi Otedola, a party in the suit, the case was then reassigned to Justice Otaluka.

At the resumed trial yesterday, count three of the amended charge read: “That you Hon. Farouk Lawan (m) while being a member of the House of Representatives and Chairman of the Ad-Hoc Committee on Monitoring of Fuel Subsidy Regime sometimes in April 2012 or thereabout at Abuja within the FCT under the jurisdiction of this court did while acting in the course of your official duty corruptly obtained the sum of $500,000 for yourself from Mr. Femi Otedola, Chairman Zenon Petroleum and Gas Limited as an inducement to remove the name of his company from the report of the House committee on fuel subsidy and you thereby committed an offence contrary to Section 17 (1) (a) of The Corrupt Practices and Other Related Offences Act, 2000 and punishable under Section (17) (1) of the same Act.”

The charges were amended on Thursday, February 19, 2015.

But before trial could commence Zumka moved for an adjournment on the grounds that he would prefer his senior colleagues, Rickey Tafa (SAN) and Mike Ozekhome (SAN) to take over the suit.

Following the objection by the prosecution, the court then ordered for trial to commence.

First to mount the witness box was the House of Representatives, Deputy Director, Mr. Boniface Emenalo who certified that all the documents presented by prosecution were true.

But the counsel to the defendant citing several cases which bordered on the inadmissibility of the documents, urged the court to reject the documents.

In his ruling Justice Otaluka while rejecting a letter from the Clerk of the National Assembly tendered by the prosecution, however held that the other documents presented were admissible based on their relevance.

She however hinged such admissibility on the grounds that the necessary fees that would authenticate the documents be paid by the prosecution within seven days.

Based on the position of the counsel to Lawan that it might be difficult to cross examine the witness when all documents had not been fully admitted by the court, the judge with the consent of all the counsel, adjourned the case to February 9, 2016.