EFCC Goes After Uli Varsity Vice Chancellor And Nsugbe Bursar Over ?

                                      

The Federal High Court (FHC) sitting in Awka, Anambra State, presided over by Justice M. L. Abubakar yesterday adjourned further hearing till Monday, March 17,  this year in an eight-count charge of conspiracy and obtaining a total sum of N1,371,500 by false pretences from Nwafor Orizu College of Education, Nsugbe (NOCEN), Anambra State.

The charge was slammed by Economic and Financial Crimes Commission, EFCC against the former Provost of the College, Prof. Fidelis Uzochukwu Okafor and the incumbent Bursar of the College, Mr. Michael Emeka Ekwunife.

Also the court adjourned further hearing till the same date in a separate four-count charge of certificate forgery preferred against Ekwunife, the NOCEN Bursar, by the EFCC.

The adjournments followed a Motion on notice to quash the EFCC charges filed at the resumed hearing of the matters last Thursday by Counsel to the two accused persons, Dr. Onyechi Ikpeazu (SAN) who appeared with Jide Okorji.

Justice Abubakar while adjourning the case said it is expected that the EFCC would have filed their counter-motion in reply to the motion on notice  filed by the respondent/applicants, before the next adjourned date, to enable both parties argue the motions.

In the motion on notice, Ikpeazu urged the court to quash the two cases against his clients on the ground that the matters had been heard and dismissed in 2012 by an Anambra State High Court sitting at Otuocha, for lack of merit.

Ikpeazu further asked the court to quash the charges on the ground that the decision of the Otuocha High Court which stated that it is the state government that should prosecute the matter and not EFCC, is still valid and subsisting and therefore binding on the complainant and at the same time precludes the filing of the present charge.

Ikpeazu further asked for the quashing of the charges on the ground that they lack the constitutional competence to prosecute the subject matters of the charges being matters within the constitutionally reserved rights of Anambra state government which did not make a complaint against the applicants.
 Ikpeazu further asked the court to quash the charges for failure to establish any offence or prima facie case against the applicants and sought an order of the court restraining the EFCC, their agents, servants, privies or howsoever from further arresting, arraigning and prosecuting the accused/applicants in any manner whatsoever with respect to the subject matter.    

EFCC had in the charge No. FHC/AWK/49c/13, the Federal Republic of Nigeria and Michael Emeka Ekwunife, alleged that the accused person sometime in 1980 at Nsugbe, Anambra State, within the jurisdiction of the Federal High Court of Nigeria, with intent to defraud and in order to facilitate his employment as a staff of NOCEN, forged a West African Examinations Council (WAEC) Advanced Level General Certificate of Education No: PA 513276.

EFCC also alleged that Ekwunife sometime in 1981 at Nsugbe, with intent to defraud and in order to facilitate his employment as a staff of NOCEN, uttered a forged WAEC Certificate, adding that the accused person sometime in 1982 at Nsugbe, with intent to defraud and in order to facilitate his continued employment and promotion as a staff of NOCEN, forged a University of London High Diploma Certificate in Public Administration and Management.

EFCC further alleged that the accused person had between 1982 and 2011 at Nsugbe, with intent to defraud and in order to facilitate his continued employment and promotion as a staff of NOCEN, uttered the forged University of London High Diploma Certificate in Public Administration and Management, adding that the offences were contrary to Section 1 (2) (c) of the Miscellaneous Offences Act, Cap. M17, Laws of the Federation, 2004 and punishable under Section 1 (2) of the same Act. 

Also in the charge No. FHC/AWK/50c/13, EFCC alleged that the accused persons, Fidelis Okafor who is now the Vice-Chancellor of Anambra State University, Uli (ANSU), and Ekwunife allegedly conspired among themselves to obtain a total sum of N1,371,500 by false pretences from the College, between November, 2007 and 2011, contrary to Section 8 (a) of the Advance Fee Fraud and Other Fraud Related Offences Act. 2006 and punishable under Section 1 (3) of the same Act.

In the two separate charges prepared by Jonson Ojogbane Esq. of the EFCC, the accused persons were alleged to have on or about January 22, 2008 at NOCEN, Anambra State, within the jurisdiction of the Federal High Court of Nigeria, with intent to defraud, obtained the sum of N201,500 from the NOCEN when they falsely represented that the said sum was used to settle the hotel bills of the first accused, Okafor who was the then Interim Provost of the College which pretences they knew to be false.

EFCC further alleged that the accused persons had on or about March 10, 2008 at the same place and within the same jurisdiction, with intent to defraud, obtained the sum of N188,500 from NOCEN for the same false representation of using the sum to settle hotel bills, adding that equally obtained another sum of N195,000 on or about May 14, 2008 for the same purpose.

EFCC also alleged that the accused persons obtained the sum of N201,500 on or about April 9, 2008; obtained another sum of N201,500 on or about April 11, 2008; obtained the sum of N182,000 on or about March 28, 2011 and obtained the sum of N201,500 on or about February 3, 2011 under the same false pretences, adding that they committed the offences contrary to Section 1 (a) of the Advance Fee Fraud and Other Fraud Related Offences Act. 2006 and Punishable under section 1 (3) of the same Act.  

The court had earlier granted the accused persons bail on self recognizance,  after a preliminary  objection surrounding the charges was raised by their principal counsel, Ikpeazu.