A federal capital territory (FCT) high court sitting in Apo, Abuja, has sentenced
Farouk Lawan,
former chairman of the federal house of representatives ad-hoc committee on
fuel subsidy, to seven years imprisonment over the $3 million bribery charges
preferred against him by the federal government.
Lawan was the chairman of the
house of representatives ad hoc committee probing the multi-billion naira fuel
subsidy fraud in 2012.
He was accused of demanding $3
million from Femi Otedola to remove Zenon
Petroleum and Gas Limited (Otedola’s company) from the list of oil companies
allegedly involved in the fuel subsidy fraud in 2012.
Lawan, who was arraigned on
seven counts of bribery by the Independent Corrupt Practices Commission (ICPC), was alleged to have collected $500,000 bribe
from Otedola.
The charge was later amended
to three counts.
Otedola,
while giving evidence as the fifth prosecution witness, said the defendant had
demanded $3 million from him with a threat to indict his company.
The
businessman said he proceeded to report the issue to the DSS and was given
$500,000 in marked notes. Also, the DSS had planted a camera in Otedola’s
house.
On count one, Lawan had argued
that the prosecution had failed to produce the call log between himself and
Otedola in which he demanded the bribe. Lawan had also submitted that he
collected the money from Otedola to prove that the oil mogul had offered to
bribe the committee so as to have Zenon removed from the list of indicted
companies.
But
Angela Otaluka, the presiding judge, while delivering judgment in the case on
Tuesday, held that “it is the duty of the defendant to produce materials upon
which he places his defence”.
She
went further to state that the defendant failed to call one honourable Ribadu
or any member of the house committee to buttress his claim of collecting the
money to implicate Otedola. The court held that they were “vital witness”
needed to prove his case.
“I am convinced that the
defendant corruptly asked and demanded for $3million of which he received
$500,000. It is my finding that count one of the charge was not based on suspicion
but on credible evidence,” Otaluka held.
On
count two, the court held that if indeed Lawan did not have a “corrupt
intention”, he should have reported the issue to a law enforcement agency or
any member of the house committee when he was offered the money by Otedola.
“It is
my finding that there was an intension to corruptly accept the money for the
removal of Zenon petroleum from the list of indicted companies,” the judge
held.
The
judge held that the prosecution “has beyond reasonable doubt, established the
elements of the charge in count two”.
Otaluka noted that the
evidence tendered by the defence “were not accorded any credibility and not
worthy of belief” for being inconsistent.
“I am
totally convinced that the defendant did not collect the money to serve as a
lesson to other companies,” she held.
“I
therefore find the defendant guilty of counts one, two and three.”
She sentenced Lawan to seven
years imprisonment on count one, seven years on count two, and five years on
count three.
However,
the sentence is to run concurrently, meaning the convict will only serve a
seven-year jail term.
Otaluka
also ordered the convict to restitute by paying back the $500,000 he collected
from Otedola.
Culled
from The Cable
No comments:
Post a Comment