Benue Govt, APC Accused Of Shielding Politicians From Prosecution.

Dr. Samuel Ioraer Ortom; Benue State Governor

 The governor Samuel Ortom-led administration in Benue and the leadership of the All Progressives Congress (APC) in the state have been shielding politicians accused of fraud from prosecution, a former local government chairmanship candidate in the state, Hon. John Wasega has alleged.

Wasega, lamented that the allegations of fraud he brought against the chairman of Gwer west local government, Hon. Francis Ayagah were being frustrated by the state Attorney General and commissioner for Justice, Barr. Mike Gusa and the special adviser to the Governor on Local Government and Chieftaincy Affairs, Hon. Titus Zam.

The politician who threatened to petition the National Judicial Council (NJC) further alleged what he called “a grand conspiracy between the APC and state government functionaries to influence the judiciary and free the accused persons from prosecution”.

In a letter of complaint made available to our correspondent by Hon. Wasega in Abuja and titled “a case of criminal conspiracy, fraud and dishonestly receiving money contrary to section 97, 17 and 122 of the penal code brought against Hon. Francis Iorchia Ayagah and Paul Mellah, cashier SUBEB”, John Wasega accused the state’s Attorney General and the Special Adviser of interfering with the court proceedings.

The letter read in parts: Hon Francis Ayagah (through fraudulent processes in the APC primaries and LG elections) is the current Chairman of Gwer-west LGA of Benue State. He was dragged before a Makurdi Magistrate Court alongside a cashier with the Benue State Universal Basic Education Board, Mr. Paul Mella for allegedly conspiring to perpetuate continuous payment of salaries to the chairmanship candidate despite his resignation to contest for election.

“In the complaint, Hon. John Wasega who also contested in the primaries alleged that the APC candidate resigned his appointment with SUBEB on the 31st March 2016 but was still being paid several months after his outstanding salaries had been cleared as at the time of his resignation.

“According to him, Hon. Ayagah’s salary account no. 2013274665 with First Bank Plc was credited on the 21st and 23rd of December, 2016 with April and May 2016 salaries and the same account was again credited on the 7th of February, 2017 and 29th March, 2017 with June and July 2016 salaries. Hon Ayagah did not return the funds to the government’s coffers even though he was not owed any salaries and when he discovered he had been found out he conspired with the SUBEB Cashier to fraudulently issue fake receipts of payment of related funds to SUBEB even though the funds were supposed to be returned into the agencies bank account directly”, he alleged.

Wasega therefore urged the court to punish the accused persons for criminal conspiracy, fraud and dishonesty, lamenting that since the case was first mentioned, the Attorney General and special adviser have been frustrating the process.

The aggrieved politician further noted that from the certified true copy of the summary of the proceedings of court since the first mention of the case on the 1st of June, 2017, which he obtained, indicated “the actions of certain officials of the APC government intended to subvert the course of justice”.

In his opinion, “the case was before the court (Chief Magistrate court II)-Judge: Dan Ogo Esq on the 1st of June, 2017. The 1st accused person – Hon. Francis Iorchia Ayagah was absent. The 2nd accused person was present in court with his counsel A. Atoo Esq. and was granted bail after taking his plea of not guilty”.

“The matter was adjourned to July 12, 2017. However, when counsel to the complainant and that of the 2nd accused person left the court premises, the Attorney General of Benue State Barr. Mike Gusa in company of the Special Adviser to the Governor of Benue State on Local Government and Chieftaincy Affairs, Hon Titus T. Zam approached the judge while the court was still in session which caused the judge to stand down all matters before him and move to his chambers to have a conversation with them, obviously indicating that they had an interest in the case regarding Hon. Wasega (the complainant) and Hon. Francis Ayagah (the 1st accused). They spoke for over 15 minutes”, he stated.

According to Wasega, “this conversation was obviously to subvert the course of justice as was seen taking effect on June 29, 2017”.

“While the court sat on June 29, 2017, TD Pepe Esq. with SE Irabor Esq. J.M. Gbagyo Esq. G.I. Tseen Esq. Mrs. A.H. Gabriel Kpum Esq. Mrs. O.N. Nor Esq. R.H. Utile Esq. (seven lawyers) stormed the court to represent the 1st accused person Hon. Francis Ayagah on the said matter that was slated for July 12, 2017 and was not on the courts course list for that day, since it was not slated for same June 29, 2017.

“Soon after court rose, it is said that the judge, Dan Ogo Esq. was summoned by the Chief Judge of Benue State Justice Hwande, who he Dan Ogo Esq. drove and met with at the High Court. At about 1pm (29/6/17), it is said that the judge of the Magistrate court informed his clerks that the court will be convened at about 2pm (29/6/17).

“At about 2pm the court sat and session began without the complainant’s counsel Akosu Terfa Esq. nor the complainant himself, Hon John Wasega. None was present in court. Something never done before”, Wasega further alleged.

The aggreived politician also disclosed that both the ICPC and the EFCC are currently investigating the matter, hence the move by the Attorney General to use his power of NOLIE to withdraw the case.

  

Source Independent Newspaper