Court orders Hembe, Azubuogu To Face Trial.

A Federal Capital Territory High Court on Wednesday ordered the former Chairman of the House of Representatives Committee on Capital Markets and Institutions, Hon. Herman Hembe and his deputy, Hon. Emeka Azubuogu, to face trial.

Justice Sadiq Umar dismissed their preliminary objections to the two count charge of diversion of public funds slammed against them by the Economic and Financial Crimes Commission.

The charge followed an allegation by the suspended Director- General of the Securities and Exchange Commission (SEC), Ms Arunma Oteh, which led to their suspension.

Hembe was challenging the jurisdiction of the court to entertain the charge, while Azubuogu challenged the leave granted the anti-graft agency by the court to prefer the charge.

Ruling, Justice Umar held that the EFCC had been able to establish a prima facie case against the accused persons. Consequently, he dismissed the preliminary objections.

Before adjourning till July 18 and 19, for arraignment, the Judge promised to give accelerated hearing on the matter.

He directed the EFCC to produce its witnesses on that day.

At the last sitting, Hembe's counsel, Jibrin Okutepa (SAN), said the court lacks jurisdiction hear the suit because the allegation is still being investigated by the House of Representatives Committee on Ethics and Privileges.

Besides, he posited that the counter-affidavit, which contains “extraneous facts and purports to make the EFCC a respondent in the suit”, is contrary to the Evidence Act, adding that there is contrivance and falsification of information.

He described the entire charge as an avenue to waste the public money.

"The prosecution is nothing but persecution and a waste of Nigeria’s public money. By virtue of Section 89 of the 1999 constitution, it is the National Assembly that has the jurisdiction to investigate this matter," Okutepa added.

Azubuogu's counsel, Onyechi Ikpeazu (SAN) argued that, since the report of the House committee investigating the allegation has not been released, it will not serve the cause of justice to try his client.

SOURCE THE NATION