By Onyewuchi Ojinnaka (Senior Correspondent)
A former Administrative Secretary in the Independent National Electoral Commission (INEC) Mr Christian Nwosu was on Wednesday, March 7, re-arraigned before Justice Mohammed Idris of a Federal High Court, Lagos on a fresh 9-counts amended charge by the Economic and Financial Crimes Commission (EFCC) for allegedly accepting gratification.
Nwosu was charged along with Tijani Bashir, as well as former Minister of Petroleum Mrs Diezani Alison-Madueke (“still at large”) and Yisa Adedoyin, who was earlier convicted after pleading guilty.
During the first arraignment,Nwosu had pleaded guilty to the charge of receiving N30million bribe from Diezani to rig the 2015 general election results. However, he later changed his plea to not guilty.
According to the amended charge, the defendants were alleged to have conspired to directly take possession of N264,880.000 which they reasonably ought to have known formed part of an unlawful act, which is gratification.
The defendants were also alleged to have made cash payment of N70,050,000 to Yisa Adedoyin without going through a financial institution, a sum which exceeded the amount authorised by law for cash transaction.
Besides, Bashir was alleged to have indirectly taking possession of and retaining N164,880,000 which he reasonably ought to have known formed part of gratification.Furthermore, he was also accused of indirectly retaining N30million, being part of the proceeds of an unlawful act. According to the prosecution, Bashir indirectly concealed the N30million.
According to the amended charge,the alleged offences were committed on March 27 and April 7, 2015.
It would be recalled that following the plea of the defendants at the first arraignment, the prosecution (EFCC) proceeded with the case by calling its witnesses and thereafter closed its case.
After the re-arraignment of the defendants, the prosecuting counsel Rotimi Oyedepo told the court that he would not call any further witness despite the amended charge.
But before the re-arraignment, Nwosu’s counsel had opposed the move on the basis that it would further delay the case, pointing out that prosecution did not respond to his client’s no-case submission despite being served.
He argued that the amendment would defeat the object of the Administration of Criminal Justice Act (ACJA) 2015 which provides for speedy dispensation of cases.
Responding, Oyedepo argued that the law allows the prosecution to amend a charge at any time before judgment is delivered.
Ruling on the issue, Justice Idris held that EFCC was at liberty to amend its charge at any time during proceedings.
“The law says ‘anytime before judgment’. It does not specify the time. I accept the amended charge”, Justice Idris ruled.
After the re-arraignment, the judge allowed the defendants to remain on bail earlier granted them and
adjourned the case until March 29 for adoption of written addresses in the no-case submission by the Nwosu.