Mr. Gabriel Chineye Onyedilefu, the Accountant General of Abia
State on Monday told a Federal High Court sitting in Lagos
that there was no record of purchase of N2.9bn worth of fairly used
clothes at any time by the state government.
An investigator with the Economic and Financial Crimes
Commission (EFCC) had in November 2017, alleged the court that Mr.
Jones Udeogu, a former Abia Director of Finance and account once
claimed during the course of investigations that Abia state
employed the service of Slok Nigeria Limited, a private company of
Mr. Orji Uzor Kalu, a former governor of the state to import fairly
used clothes from Cotonou, Benin Republic.
However, the Accountant General, while being led in evidence by
the anti-graft agency’s lawyer, Mr. Rotimi Jacobs (SAN), on Monday
told the court that upon receiving EFCC subpoena, he checked
through the records as he was ordered, but did not find anything to
show that there was any contract between the state government and
the company, between the period of 1999 to 2007.
Mr. Onyedilefu narrated procedure for award of contracts in the
state during the hearing.
He said: “When there is service to be rendered, the Finance and
General Purpose Committee will meet in consideration of that
service. After they have looked at all the details, they will award
a contract to one of the bidders and it will be referred to the
governor through the ministry involved.
“Then the governor gives approval through the release of fund
letter signed by the Chief of Staff to the governor, who sends the
release to the ministry concerned. From there, all the document
must have been duly observed, a voucher will be raised and
forwarded to the office of the accountant general through the sub
treasury, then if the funds are there, payment will be made. It
should be noted that payment can be part of full.”
Mr. Rotimi Jacobs also moved to tender some documents which the
witness had brought with him, but the defense team objected
vigorously.
For instance, the prosecution attempted to tender a book that
contained financial regulations of Abia state, but the defense team
objected to its admissibility. They held that the book is a public
document, hence must be certified as stipulated by the Evidence
Act.
They also argued that the material was not front loaded with the
proof of evidence, therefore, it cannot be “sprung up on them”.
Mr. Jacobs, however, argued that a document printed by
government does not need to be certified and thus admissible.
He argued further that the witness was subpoenaed which made the
document a subpoenaed document and at such could not have been
front-loaded as it was never in the possession of the
prosecution.
Mr. Kalu, Udeogu and Slok are being tried before Justice
Mohammed Idris for allegedly conspiring to divert Abia funds to
personal use.
The anti-graft agency claimed that the money was allegedly
diverted in tranches of N200m, N50m, N200m, N300.8m, N545m, N429m,
N288.4m, N190m, N157m, N152.8m, N100m, N84m and N50m between August
13, 2003 and January 12, 2005.
The offence is said to be contrary to Section 17 (c) of the
Money Laundering (Prohibition) Act 2003 and punishable under
Section 16 of the same Act.
The defendants pleaded not guilty.
Mr. Gabriel Chineye Onyedilefu, the Accountant General of Abia
State on Monday told a Federal High Court sitting in Lagos
that there was no record of purchase of N2.9bn worth of fairly used
clothes at any time by the state government.
An investigator with the Economic and Financial Crimes
Commission (EFCC) had in November 2017, alleged the court that Mr.
Jones Udeogu, a former Abia Director of Finance and account once
claimed during the course of investigations that Abia state
employed the service of Slok Nigeria Limited, a private company of
Mr. Orji Uzor Kalu, a former governor of the state to import fairly
used clothes from Cotonou, Benin Republic.
However, the Accountant General, while being led in evidence by
the anti-graft agency’s lawyer, Mr. Rotimi Jacobs (SAN), on Monday
told the court that upon receiving EFCC subpoena, he checked
through the records as he was ordered, but did not find anything to
show that there was any contract between the state government and
the company, between the period of 1999 to 2007.
Mr. Onyedilefu narrated procedure for award of contracts in the
state during the hearing.
He said: “When there is service to be rendered, the Finance and
General Purpose Committee will meet in consideration of that
service. After they have looked at all the details, they will award
a contract to one of the bidders and it will be referred to the
governor through the ministry involved.
“Then the governor gives approval through the release of fund
letter signed by the Chief of Staff to the governor, who sends the
release to the ministry concerned. From there, all the document
must have been duly observed, a voucher will be raised and
forwarded to the office of the accountant general through the sub
treasury, then if the funds are there, payment will be made. It
should be noted that payment can be part of full.”
Mr. Rotimi Jacobs also moved to tender some documents which the
witness had brought with him, but the defense team objected
vigorously.
For instance, the prosecution attempted to tender a book that
contained financial regulations of Abia state, but the defense team
objected to its admissibility. They held that the book is a public
document, hence must be certified as stipulated by the Evidence
Act.
They also argued that the material was not front loaded with the
proof of evidence, therefore, it cannot be “sprung up on them”.
Mr. Jacobs, however, argued that a document printed by
government does not need to be certified and thus admissible.
He argued further that the witness was subpoenaed which made the
document a subpoenaed document and at such could not have been
front-loaded as it was never in the possession of the
prosecution.
Mr. Kalu, Udeogu and Slok are being tried before Justice
Mohammed Idris for allegedly conspiring to divert Abia funds to
personal use.
The anti-graft agency claimed that the money was allegedly
diverted in tranches of N200m, N50m, N200m, N300.8m, N545m, N429m,
N288.4m, N190m, N157m, N152.8m, N100m, N84m and N50m between August
13, 2003 and January 12, 2005.
The offence is said to be contrary to Section 17 (c) of the
Money Laundering (Prohibition) Act 2003 and punishable under
Section 16 of the same Act.
The defendants pleaded not guilty.