Court frees suspect in N787m UBEC scam

An Abuja Federal High Court on Thursday
discharged and acquitted suspects accused of
masterminding the N787m fraud in the Universal
Basic Education Commission.
Justice Adamu Bello noted that members of the
board of UBEC as at the time the contract was
awarded in 2005 should have been the ones
facing trial before the court, rather than the
accused persons whom he described as
"scapegoats."
The accused persons are four directors of UBEC
– Molkat Mutfwang, Michael Aule, Andrew
Ekpunobi and Prof. Bridget Sokan – who are all
members of the Commission's Bid Evaluation
Committee, as well as an American contractor,
Alexander Cozma; and two companies allegedly
used to siphon the funds, Intermakets USA LLC
and Intermarkets Nigeria.
The suspects were arraigned by the Economic
and Financial Crimes Commission for alleged
complicity in the illegal diversion of funds
meant for the supply of learning facilities to
all secondary schools across the federation
through the UBEC scheme.
Among other offences, they were accused of
approving the payment of N669m, being 85 per
cent of the total contract sum, as
mobilisation fee to the contractor in breach
of due process provisions.
Also, the accused persons allegedly approved
separate payments of N41m and N16m outside the
contract agreement.
The trial commenced in 2009, but after the
prosecution closed its case, the accused
persons filed a no- case submission, saying
that witnesses called by the state did not
produce any evidence against them.
Ruling on the no-case submission on Thursday,
Justice Bello of the Abuja FHC held that the
evidence provided by the prosecution witnesses
did not link the accused persons to the
charges brought against them.
Tracing the history of the matter, the judge
noted that, from the evidence produced by the
prosecution witnesses, the accused persons
were not responsible for the award of the
contract or the decision to pay the contractor
an 85 per cent mobilisation fee.
The prosecution had alleged that the contract
was awarded on the recommendation of the four
UBEC directors who are members of the bid
evaluation committee.
However, faulting the allegation, the judge
observed that some of the prosecution
witnesses provided contradictory evidence in
the course of the trial.
"The evidence of Prosecution Witness 1 that
the contract was awarded on the advice of the
bid committee was not supported by evidence,"
he said.
He also held that while the award of the
contract was in breach of a Federal Executive
Council circular which set a N20m ceiling on
the award of contracts by ministries,
departments and agencies of the Federal
Government, the then UBEC board, rather than
the accused persons, were responsible for the
decision.
He said the real offence was committed by the
then UBEC board.
"The board of UBEC are the ones who approved
the contract beyond their approval limit; they
are the ones who approved the 85 per cent
mobilisation fee; they are the ones that paid
the mobilisation fee to the contractor," the
judge said.
"They are the ones who should be charged
before this court. They (accused persons) are
made scapegoats for suing UBEC. That is to say
that the wrong persons are before this court
while the culprits are enjoying their
freedom."

Tweet