Court quash charges against Nze Duru

A Federal Capital Territory High Court, has quashed the four-count fraud charge brought against a former member of the House of Representatives, Nze Duru, by the Economic and Financial Crimes Commission (EFCC).

The former lawmaker was dragged before Justice Peter Affen by the anti-graft agency on allegations bordering on criminal breach of trust involving N16million and forgery of documents to which he pleaded not guilty.

Duru was alleged to have diverted the payment of the 30 per cent equity shares of First Guarantee Pension Ltd (FGPL), where he served until 2011 as the vice chairman, sold to Novare Holdings Proprietor Ltd to pay for land allocations from Lagos State government in favour of Grand Towers Plc and MVJJDA African Ltd, which he had interest, thereby committing an offence punishable under Section 315 of the Penal Code Act Cap 532 Laws of the Federation.

Following his not guilty plea, counsel for the former lawmaker, Abdul Muhammad, raised a preliminary objection and challenged the court’s jurisdiction to hear the matter, saying that it was an abuse of court process and that the charge was not competent and urged the court to discharge Duru from all the offences contained in the charge.

Arguing the objection, Muhammad told the court that apart from the charge brought against the former House of Representatives member in Lagos on the same issue, the police in Abuja arraigned him before a magistrate court on the same issue and that the charge was quashed by the court upon been told of a pending appeal in respect of the trial.

The counsel further submitted that the charge was predicated on a complaint made by some shareholders of FGPL on matters arising from the “Draft Target Examination Report of FGPL” prepared by Nigeria Pension Commission, which he informed had been nullified by the judgment of Federal High Court, Lagos, presided over by Justice Donatus Okorowo, on July 18, 2012.

While challenging the court’s jurisdiction to entertain the matter, Muhammad submitted that the suit was an abuse of court process in view of the pendency of the appeals at the Supreme Court and Court of Appeal challenging the validity or otherwise of the Target Examination Report which formed the fulcrum upon which the four-count charge was framed.

The counsel for the defendant further drew the attention of the court to an order of injunction granted against EFCC by Justice Gabriel Kolawole of the Federal High Court, Abuja, in suit number FHC/ABJ/CS/61/13 in respect of a civil matter in which the judge ordered that status quo be maintained in the matter.

He therefore applied for an order prohibiting the anti-corruption commission from further prosecuting the instant charge or any order charge against him or seeking any form of indulgence before the court or any other court in Nigeria because of the abuse of court process.

Counsel for EFCC, Sylvanus Tahir, had in his argument also insisted that EFCC conducted an independent investigation and that it did not rely on the Target Examination Report.

He further submitted that the Federal High Court did not grant any injunction restraining the EFCC from prosecuting Duru as was claimed but that the court only ordered accelerated hearing in the civil suit before it.

Ruling on the preliminary objection yesterday, Justice Affen upheld the objection of the defendant and subsequently quashed the charge brought against Duru.

In quashing the charge, the judge held that the prosecution engaged in gross abuse of court process by not waiting for the outcome of the pending case before Justice Gabriel Kolawole.

Justice Affen further held that the prosecution did not appeal the Justice Kolawole’s ruling restraining the prosecution from taking any step against the former lawmaker.

The judge told EFCC to learn how to follow due process of law in prosecuting criminal matters, pointing out that the matter before him was a clear gross abuse of court process, which must not be allowed in the interest of Justice.