An Ondo State High Court sitting in Akure, on Wednesday, struck out the preliminary objection filed by the Speaker of the Ondo State House of Assembly, Rt. Hon. Bamidele Oleyeloogun, and two others, to escape trial for alleged fraud involving the fund of the Assembly.
The lawmakers and one civil servant had filed preliminary objections against their trial by the Economic and Financial Crime Commission (EFCC), before Justice Adegboyega Adebusoye.
The EFCC had dragged the Speaker, a lawmaker, Felemu-Gudu Bankole, and a civil servant, Segun Oyadeyi Bankole, before the court for alleged misappropriation of N2.4million belonging to the State Assembly.
The fund was meant for a seminar, which the lawmakers and the civil servant were meant to attend but did not.
When the case came up for hearing, the lawmakers said the EFCC lacked the power to prosecute offenses affecting the finances and assets of the state.
The lawmakers argued that there is a law enacted by the Assembly to tackle corruption matters in the State.
The defendants in the preliminary objection filed against the EFCC charges by their counsel, Mr. Femi Emodamori, asked the Court to decline jurisdiction and strike out the charges against them because the EFCC has no right to prosecute them as the money they were facing trial for belonged to the state.
Emodamori said the EFCC has no right to prosecute the defendants for alleged corruption given the State Public Complaint and Financial Crimes and Anti-Corruption Commission Law passed and signed by Governor Oluwarotimi Akeredolu, in January 2022.
But, Counsel to EFCC, Mr. Fredrick Dibang, argued that the court has jurisdiction because the State law enacted by the State Assembly is contrary to the Act of the National Assembly that established EFCC.
According to him, once there is a conflict between the law of a state and that of the National Assembly, the law of the state is suspended.
Dibang said the Assembly passed the law to frustrate the trial of the lawmakers and the civil servant for the alleged abuse of office and corruption.
In his ruling, Justice Adebusoye put the state’s law in abeyance and held that the EFCC has the power to investigate and prosecute the suspects for the alleged fraud.
Adebusoye said, “The offences being against the defendants are not state offences promulgated by the state legislation but a federal offence, having being promulgated by the National Assembly, though relates to finances of Ondo state.
“Without wasting the time of this court, it is settled that the complainant is empowered to investigate and prosecute the three defendants on the two counts charge as stated in the information file, being federal offences and even though the alleged ones involved belong to the Ondo state government.”
Justice Adebusoye dismissed the preliminary objection as filed by the defendants and assumed jurisdiction to adjudicate on this matter.
He, however, adjourned the trial
to April 24 and 25 sequel to the dismissal of the preliminary objection.
