Falana joins PDP to demand Edu’s prosecution for felony
By Jeph Ajobaju, Chief Copy Editor
Femi Falana, SAN has joined the Peoples Democratic Party (PDP) in asking President Bola Tinubu to sack and prosecute Humanitarian Affairs and Poverty Alleviation Minister Betta Edu for writing a memo seeking the transfer of N585 million from the ministry to a private account for distribution to the poor.
Edu has come under fire since the memo surfaced where she directed the Accountant-General of the Federation, Oluwatoyin Madein, to transfer the money to a private account owned by one Bridget Mojisola Oniyelu, who the ministry claimed serves as the Project Accountant, Grants for Vulnerable Groups (GVG).
The leaked memo is dated 20 December 2023. Edu has confirmed she wrote it.
But Madein has since clarified she did not release the money because the request did not follow due process.
“Allocations are released to self-accounting MDAs in line with the budget and such MDAs are responsible for the implementation of their projects and payments for such projects,” she said in a statement issued through her Director of Press, Bawa Mokwa.
“The AGF explained that although her Office received the said request from the Ministry, it did not carry out the payment.
“The Ministry was however advised on the appropriate steps to take in making such payments in line with the established payment procedure.”
Madein insisted beneficiaries of projects should be paid through their verified bank accounts.
PDP National Publicity Secretary Debo Ologunagba described it as tragic and heartbreaking that a Minister entrusted with public funds to support millions of poor Nigerians turned around to allegedly divert hundreds of millions of naira meant for the wellbeing of the poor.
“The continuing stay of Betta Edu as Minister is therefore provocative and amounts to stealing from a people and daring them to do their worst. It further confirms our party’s position that the Tinubu-led APC government is a cesspit of corruption.”
Ologunagba also expressed shock that Edu and National Social Investment Programme Agency (NSIPA) National Co-ordinator, Halima Shehu, allegedly directed the payment of N44 billion to the private account of one James Okwete.
The Economic and Financial Crimes Commission (EFCC) confirmed it has found and frozen N30 billion of the loot.
“Equally disheartening,” the PDP added, “is the reports of how Betta Edu allegedly directed the transfer of the N585.2 million NSIPA money into the private account of one of her fronts in clear violation of Chapter 7, Section 713 of Nigeria’s Financial Regulations, 2009 which expressly prohibits the payment of public money into a private account.
“For emphasis, Section 713 of Nigeria’s Financial Regulations, 2009 provides that Personal money shall in no circumstances be paid into a government bank account, nor shall any public money be paid into a private bank account.
“An officer who pays public money into a private account is deemed to have done so with a fraudulent intention.
“The apparent fraudulent intention by Betta Edu in diverting public funds into a private account; an action which was appropriately declared illegal by the Accountant General of the Federation, Oluwatoyin Madein, is consistent with APC’s character and proclivity for plundering of public resources.
“The lack of remorse by the Minister especially in her lame attempt to justify the illegal diversion of funds meant for poor Nigerians is also consistent with the insensitivity, heartlessness, impunity, and criminal audacity inherent in the APC administration.”
The PDP asked “Tinubu to demonstrate commitment to the fight against corruption by immediately sacking Betta Edu, hand her over for investigation, prosecution and take steps to recover the stolen N44 billion and channel the fund recovered towards the wellbeing of Nigerians.”
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Related articles:
EFCC finds and freezes N30b NSIPA loot, gives Umar-Farouq 72 hours to show up
Poverty fight coordinator Shehu arrested by EFCC
Tinubu’s N532b budget too little to fight Nigeria’s huge poverty, Edu cries out
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Edu has already completed an attempt to commit a felony, says Falana
Falana urged the EFCC to charge to court Edu and other indicted persons in the attempted diversion of the N585 million to a private account.
The Alliance on Surviving Covid 19 and Beyond (ASCAB) Chairman pressed the point in a statement issued on Monday.
He told Edu to stop insulting Nigerians, noting it is crystal clear from the leaked memo the offence of an attempt to commit a felony had already been completed.
Falana insisted there can be no legal justification for the criminal diversion of the N585.18 million for disbursement to vulnerable people in Akwa Ibom, Cross River, Lagos, and Ogun since the Ministry of Humanitarian Affairs has collated the individual bank accounts of all the vulnerable people.
“It is public knowledge that the Minister of Humanitarian Affairs and Poverty Alleviation, Dr Betty Edu recently directed the Office of the Accountant-General of the Federation to pay a whopping sum of N585.18 million to a private account owned by one Oniyelu Bridget, who the ministry claimed currently serves as the Project Accountant, Grants for Vulnerable Groups in Akwa Ibom, Cross River, Lagos and Ogun States,” the statement said.
“Happily, the Accountant-General of the Federation, Dr. Oluwatoyin Madein rightly rejected the illegal directive and refused to pay the said sum of N585.18 million to the agent of the Minister.
“It is interesting to note that the Minister has not denied that she gave approval for the payment of the over half a billion Naira to a private account in contravention of the extant Public Service Rules as well as the Independent Corrupt Practices and Other Offences Act and the Penal Code applicable in the Federal Capital Territory.
“Instead of apologising to the Federal Government and people of Nigeria and calling it quits for betraying the confidence reposed in her, the Minister has arrogantly said that the N585.18 million fraud allegation is a mere fabrication by her detractors and an alleged attempt by mischief makers to undermine her ministry’s effort in fighting corruption and uplifting the needy.
“However, notwithstanding that the Accountant-General of the Federation has successfully frustrated the criminal diversion of the said sum of N585.18 million from public treasury, it is crystal clear from the leaked memorandum of the Minister that the offence of an attempt to commit a felony has already been completed.
“There can be no legal justification for the criminal diversion of the said sum of N585.18 million for disbursement to vulnerable people in Akwa Ibom, Cross River, Lagos and Ogun States since the Ministry of Humanitarian Affairs has collated the individual bank accounts of all the vulnerable people.
“Having regard to the facts and circumstances of this extremely embarrassing drama, we commend the Economic and Financial Crimes Commission for the recovery of the sum of N37 billion meant for vulnerable people in Nigeria.
“We also call on the Commission to speed up the ongoing investigation of the Ministry of Humanitarian Affairs with a view to charging all indicted persons before the High Court of the Federal Capital Territory as soon as possible.”