The FCT High Court in Maitama, Abuja, on Wednesday, granted bail to former chairman of the Code of Conduct Tribunal, Danladi Umar, who faces charges of receiving gratification from the contractors of the tribunal while in office.
The judge, Peter Kekemeke, granted him bail in the sum of N100 million and a surety with proof of a property in Abuja.
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He rejected the objection raised by the prosecution agency, the Economic and Financial Crimes Commission (EFCC), to grant the bail.
He ruled that the commission “did not produce strong reasons why bail should not be granted” to Mr Umar.
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Although the EFCC charged Mr Umar with an alleged fraud involving N15 million, the court set his bail at N100 million.
On 9 July, the EFCC arraigned Mr Umar for receiving gratification from contractors who worked on projects for the Code of Conduct Tribunal.
The contractors sent monetary gratifications to Mr Umar’s wife and paid school fees for his children at Baze University, the EFCC said.
Mr Umar denied the allegations, prompting the judge’s order that he be remanded to the correctional facility pending today’s bail hearing.
During the bail hearing, Mr Umar’s lawyer, Edward Sunday, urged the court to grant the defendant bail. Mr Sunday argued that the defendant cooperated with the EFCC during their year-long investigation and always honoured their invitation.
He also informed the court that Mr Umar did not jump bail after the EFCC granted him and administrative bail.
However, EFCC’s lawyer, Christopher Mshelia, opposed the bail application, citing the gravity of the offence, punishment upon conviction and the nature of the evidence.
Mr Mshelia told the court that the witnesses worked under the defendant. There is a likelihood of interference, he argued.
The judge then asked EFCC that during the investigation, “Did he run? Did he abscond?”
Mr Mshelia replied, “No.” Explaining further, he said that during the investigation, there was no certainty that the investigation would lead to a charge, and the circumstances differed.
Thereafter, the judge noted that he had considered their arguments and that a defendant is innocent until proven guilty.
He stated that unless the prosecution proves that the defendant would interfere with the evidence, commit another crime, intimidate witnesses, conceal or destroy evidence, then a defendant has the right to bail.
Since the prosecution did not produce strong reasons why bail should not be granted, the judge granted Mr Umar bail.
He adjourned the case until 29 October for the commencement of the trial.
Charges
According to the EFCC, Mr Umar received gratification from contractors who worked on projects for the Code of Conduct Tribunal.
The contractors allegedly sent monetary gratifications to Mr Umar’s wife and paid school fees for his children at Baze University, the EFCC said.
Kurchmives International Limited, a subcontractor under the contract awarded by the Code of Conduct Tribunal to Momanaf Global Ventures Limited for the painting of the Code of Conduct Tribunal’s headquarters, sent N5 million to his wife, Zulaihatu Umar’s Zenith Bank account.
Also, Portal Realities Limited, a sister company of JTF Global Links Limited, a company awarded the contract for the digitalisation of the Code of Conduct Tribunal’s management records, allegedly sent N6 million to Mrs Umar’s account.
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The prosecution also said Portal Realities Limited paid over N4 million for Mr Umar’s children, Faiza and Yakubu, at Baze University.
According to the anti-graft agency, his actions violated Section 19 of the Corrupt Practices and Other Related Offences Act, 2000.
The section criminalises the act of public officers who use their office to confer undue advantage on themselves, friends or family.
The offence attracts seven years’ imprisonment upon conviction.
Mr Umar denied all the charges.
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