A Federal High Court in Damaturu, Yobe State, has rejected applications seeking for “stay of proceedings” filed by a former Minister of Science and Technology, Dr. Abdu Bulama and four others in a N450 million fraud case.
Bulama was re-arraigned on November 8, 2021 alongside a former Commissioner for Integrated and Rural Development in Yobe State, Hon. Mohammed Kadai, Abba Gana Tata, Muhammad Mamu and Hassan Ibn Jaks on a seven-count charge of criminal conspiracy and money laundering, following the judgment of the Appeal Court in Gombe State which upheld the argument of the EFCC that the kower court erred by discharging and acquitting the defendants following their ‘no case submission’ upon the closure of the prosecution’s case.
The ex-minister allegedly received the N450m from Diezani Alison- Madueke, a former Minister of Petroleum Resources, to influence the outcome of the 2015 presidential election as the coordinator of former President Goodluck Jonathan’s 2015 re-election campaign committee in Yobe State. Kadai was deputy coordinator, while the other three defendants were members of the committee.
At the resumed sitting on Tuesday, the defendants through their lawyers, J.J. Usman and U.M. Isah informed the court that they have approached the Supreme Court to set aside the judgment of the appellate court which dismissed their no case submission and ordered a return to the Federal High Court in Yobe State for the continuation of trial.
They argued that it would not be proper for the lower court to proceed on the matter during the pendency of the appeal at the apex court.
Opposing the prayers of the defendants, prosecution counsel, Mukhtar Ali Ahmed told the court that the EFCC is not oblivious of the fact that there is an appeal before the Supreme Court and all processes of the appeal have been received by the prosecution.
However, he said the EFCC is not aware of any order directing the court and the judge to stay proceedings in the case.
Muktar argued that: “Appeal regarding this case at the Supreme Court is obviously different from the matter before this court as it has no correlation.”
Justice Fadima Aminu, in her ruling, said there is no order before the court directing a stay of proceedings and there is no correlation between the appeal before the Supreme Court and the matter before her.
Consequently, she refused the applications of the defendants and ordered for accelerated hearing of the case.
The prosecution then called its first witness, Mohammed Jajere. Led in evidence by the prosecution counsel, Mukhtar Ali Ahmed, PW1, Jajere, a Consultant Engineer told the court how he received the sum of N23, 210, 000.00 from the fourth defendant, Muhammad Mamu, on the 21st of February, 2015, the eve of the 2015 presidential election day, in order to influence the outcome of the election in Fune Local Government Area of Yobe State.
“I know all the defendants because we belong to the same political party, PDP. At that time, towards the 2015 Presidential election, I was a member of the caretaker committee of the PDP in Yobe State.
“On the eve of the election, I was called on phone by my party leader, Dr. Muhammad Mamu to come and pick up the money meant for my local government which I did in cash and I took the money to Damagun, headquarters of the PDP in Fune Local Government Area where I handed over the money to a 19-member committee which was set up by the local government for the disbursement.
“The 19 member committee disbursed the funds to the 13 wards of the local government and each ward had a minimum of 5-member committee who were vested with the responsibilities of collecting such funds and took the monies to their various wards for disbursement to the 165 polling units across the local government on Election Day.
“Election was conducted the next day and our party lost the election and we all went back home.”
He further testified that, in 2016, he received an invitation from the Maiduguri Command of the EFCC to come and explain his involvement regarding the money he received from the fourth defendant.
“I got a call from the EFCC in the year 2016 to come explain the money I received from my leader, Dr.Muhammad Mamu which I obliged”, PW1 said.
While being cross examined, PW1 told the court that as at the time he received the money in cash, there was no functional bank in Fune local government area due to the insurgency.
He further told the court that he received the money based on the political party’s instructions and the money was not in any way payment for goods or services rendered to the fourth defendant.
He stated that without the money he received, “our party in the local government would not have been able to participate in the election”.
Justice Fadima, having heard the testimonies of the PW1, discharged the witness and adjourned to January 19, 2022 for continuation of trial
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