By Chukwuemeka Njoku, Abuja
The Director of Finance and Accounts in the Federal Ministry of Power, Works and Housing, Mr. Ibrahim Tumsah and his brother Tijani Tumsah, also a staff of the Ministry on Tuesday challenged powers of the Special Presidential Investigation Panel for the Recovery of Public Property to prosecute them.
Both brothers were re-arraigned on October 31, 2018, before Justice Edward Ekwo of the Federal High Court sitting in Abuja over failure to declare their assets.
Specifically, the two public servants are being prosecuted by the Okoi Obono Obla led presidential probe panel for refusing and neglecting to declare their assets to the special panel.
The offences ran contrary to and punishable under Section 3 (3) of the Recovery of Public Property (Special Provision) Act, 2004.
However, the commencement of trial could not hold due to a preliminary objection filed by the defendants challenging the jurisdiction of the court to hear the matter.
Abdul Mohammed, representing the first defendant (Ibrahim Tumsah) and Bamikole Aduloju, who appeared for Tijani Tumsah, told the court that the complainant (presidential probe panel) doesn’t have prosecutorial powers to initiate proceedings against them.
The defence counsel insisted that their objection should be heard before trial begins.
Reacting, Celsus Ukpong, counsel for the prosecution submitted that what must be followed is what the law says.
“My lord, the law says that plea must be taken before any objection can be taken. Section 398 of the Administration of Criminal Justice Act, 2015, is very clear on that”.
Interjecting, Justice Ekwo reminded Ukpong that the graverment of the defence counsel preliminary objection is “that you cannot even come before this court in the first place.
“The preliminary objection of the defendants must be decided first. I will take the objections, you can go to anywhere you want, Justice Ekwo stated.
Consequently, the court had to fix Wednesday January 16, for hearing of the defendants’ motion challenging jurisdiction of the court to hear the matter.
It would be recalled that the presidential panel had on February 8, 2018 docked the Tumsah brothers before Justice Nnamdi Dimgba of the Federal High Court in Abuja.
Before Justice Dimgba, the duo had pleaded not guilty to the criminal charge marked FHC/ABJ/CR/4/2018.
But in April, 2018, their trial was stalled as the then Federal Government prosecutor, Festus Keyamo SAN, applied to withdraw the charge.
Consequently, Justice Dimgba had to strike out the charge.
However, eight months after the initial two-count charge was struck out, the presidential probe panel, led by Okoi Obono Obla, relisted the suit labelled “incidental charge” due to alleged non cooperation of the mega-rich public servants with investigators.
Basically, the fresh two-count charge centres on the refusal and neglect by the two brothers to cooperate with the panel over declaration of their assets.
The fresh charge was contained in the suit marked FHC/ABJ/CR/78/2018.
Consequent upon rearraignment before Justice Ekwo, the Tumsah brothers again pleaded not guilty to the two-count charge.
Meanwhile, the two defendants were granted bail to the tune of N10million each, with one surety in like sum.
The judge also barred them from travelling abroad without leave of court, directing that they should deposit their valid international passports with the registrar of the court.
In addition, the court ordered that the sureties must be owners of landed properties within the jurisdiction of the court.
The title deeds of the landed properties must be duly verified by the court and the originals submitted to the registrar of the court.
More so, Justice Ekwo ordered that the defendants be remanded in prison custody if they fail to fulfill the bail condition.
Having been granted bail, the court then fixed January 15, 16, 17, 18, 19 2019 for commencement of trial.
