A country betrayed: Bankole, Nafada in court over N40billion loan scam

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Lead ImageFormer Speaker, House of Representatives, Dimeji Bankole (2nd-L); his deputy, Usman Nafada (2nd-R); and their counsel, Adegoyega Awomolo, at a high court of the FCT where they are facing a 17-count charge in Abuja on Monday. Photo:NAN 

The Economic and Financial Crimes Commission on Monday accused the former Speaker of the House of Representatives, Mr. Dimeji Bankole, and his ex-deputy, Alhaji Usman Nafada, of securing a total of N32.43bn loans from banks to pay unlawful ‘allowances and running costs’ to members of the House.

It added in a 17-count charge filed against the two former most senior officers of the House that they also obtained and disbursed another N5.49bn loan in August 2010 on “urgent recurrent expenses.”

The N32.43 loans, according to the anti-corruption agency, were secured from two commercial banks between October 2010 and last month to service the outrageous ‘allowances and running costs’ which Nigerians have dubbed “jumbo pay.”

It said in the charge sheet that Bankole and Nafada, had through their actions, violated the approved Remuneration Package for Political, Public and Judicial Office Holders by the Revenue Mobilisation Allocation and Fiscal Commission and the extant Revised Financial Regulations of the Federal Government of Nigeria 2009.

Dimeji Bankole

The offences, according to the EFCC, are contrary to Section 97(1) of the Penal Code Act, Cap 532, Laws of the Federation of Nigeria (Abuja) 1990 and punishable under Section 315 of the same Act.

 

When the 17 offences were read to Bankole and Nafada at the High Court of the Federal Capital Territory, where they were arraigned by the EFCC, they pleaded not guilty.

Before their arraignment, the former speaker had been granted a N5m bail by a Federal High Court in Abuja where he is standing trial over the alleged misappropriation of N894m through contract inflation.

Delivering his ruling on Bankole’s bail application, Justice Donatus Okorowo had overruled the objections of the EFCC counsel, Mr. Festus Keyamo, on the grounds that no sufficient materials were placed before him to warrant the denial of the bail request.
Specifically, the judge held that the entire documents tendered by the prosecution failed to meet the requirements of the Evidence Act and the constitution.

He also stated that apart from the offence been bailable in nature, Nigeria operates a constitution which presumes an accused person innocent until proven guilty by a court of competent jurisdiction.

Okorowo consequently adjourned the matter to July 25 and 27 for commencement of trial.

But as Bankole stepped out of the court, he was rearrested by EFCC operatives and taken to an FCT High Court.

Nafada wore a Navy blue caftan and an ox blood cap to match while the former speaker was in a white caftan.

Looking worried and exhausted, the former deputy speaker walked with difficulty into the dock where their offences were read to him and Bankole.

Prior to his arrest, Nafada had been involved in an auto crash on his way to honour the invitation extended to him by the EFCC.

Desperate efforts by the counsel to the two accused persons, Mr. Solomon Awomolo (SAN), to secure their bail failed as Justice Sulaiman Belgore insisted that he would not grant oral application.

Awomolo consequently requested for an adjournment to enable him bring a formal bail application.

But there was a mild drama as Awomolo and Keyamo duelled on whether it was the EFCC or the Nigerian Prison Service that should take custody of the accused persons.

Keyamo had asked the court for an order remanding them in prison custody. He cited the lack of space in EFCC custody as reason.

He also explained that given the health condition of Nafada, the EFCC might not have the medical facilities to care for him.

But Awomolo who had earlier conferred with his clients insisted that they should be remanded in the custody of the EFCC.

Another issue of disagreement between the two lawyers was the choice of date for argument on the bail application.

While Awomolo wanted it on Tuesday (today), Keyamo insisted on Friday.

But in his short ruling, Belgore adjourned the case till Thursday June 16 for argument on the bail application.

He directed that the accused persons be remanded in EFCC custody.

Count one of the offences listed against them reads, *That you, Dimeji Bankole and Usman Nafada, being principal officers of the House of Representatives, on or about May 12, 2010, in Abuja, within the jurisdiction of the High Court of the FCT, did agree amongst yourselves to commit a felony, to wit: criminal breach of trust by agreeing to approve the allowances and/or running costs of members of the House in violation of the approved Remuneration Package for Political, Public and Judicial Office Holders by the Revenue Mobilisation Allocation and Fiscal Commission and the extant Revised Financial Regulations of the Federal Government of Nigeria, 2009 and thereby committed an offence contrary to Section 97(1) of the Penal Code Act, Cap 532, Laws of the Federation of Nigeria (Abuja) 1990 and punishable under Section 315 of the same Penal Code Act.

 

The other offences read:

* That the two principal officers sometime around January 2011, dishonestly used the House bank account number 00390070000018 with the United Bank of Africa Plc to obtain a N10. 38bn loan to augment allowances and “running costs” of members of the House.

* That Bankole and Nafada, sometime around August 2010, used the same account to obtain a loan of N5.49bn from UBA to “take care of some urgent recurrent expenses” of the House in violation of the extant Revised Financial Regulations of the Federal Government of Nigeria, 2009.

The offence, said the anti-graft agency, is contrary to Section 311 of the Penal Code Act, Cap 532, Laws of the Federation of Nigeria 1990.

* That the two men, sometime around October 2010, dishonestly used the account number 00390070000018 with UBA to dishonestly obtain a N6bn loan from the same bank to augment allowances and running costs of members of the House .

* That sometime around November 2010, they used the said account to dishonestly secure a loan of N4.05bn from the same bank to augment the allowances and running costs of members of the House.

That Bankole and Nafada, also obtained N12bn loan from First Bank of Nigeria Plc in May 2011 to also augment the allowances and running costs of the lawmakers.

He was arrested on Sunday June 5, and charged to court for inflating contract awards which includes the cost of 400 units of 40-inch Samsung (LNS.3410 Television sets) purchased at the rate of N525,000 per unit, instead of the prevailing market price of N295,000 and thereby committed an offence contrary to Section 58 (4) (a) of the Public Procurement Act No. 14 of 2007 and punishable under Section 58 (5) of the same Act.

The Commission had also in Abuja on Sunday June 12, arrested Mr Nafada over allegations of corruption while in office.

Messrs Bankole and Nafada pleaded not guilty to the 17 count charges. Their lawyer, Adegboyega Awomolo wanted to move an oral application for their bail but the presiding Judge Sulieman Belgore asked him to file a formal application for bail.

Counsel to the commission Festus Keyamo, told the court that their custody is filled up with other accused persons in relation to the matter and that the former speaker and his deputy should be remanded in prison custody pending when their former application for bail will be heard.

But Mr Awomolo urged the court that they should be remanded in the Commission’s custody pending when the court will hear the application. In his ruling, Mr Belgore said the accused should remain in the EFCC custody and adjourned hearing of their formal application for bail till June 16.

The Commission alleged that the accused persons had collected loans of N40 billion from UBA and FirstBank of Nigeria and used same to pay the House members jumbo allowances different from what the Revenue Mobilisation Allocation and Fiscal Commission approved for them.

A clean break

Meanwhile the new House of Representatives leadership is keen to distance itself from the trial of the former leaders. On Monday the House Deputy Speaker, Emeka Ihedioha, addressed journalists for the first time in demonstration of a newfound friendship.

Mr Ihedioha, a former Majority Whip of the House, updated the media on preparations of office accommodations for the 360 members – the reason earlier given for the current three-week break.

He spoke of how the planned resumption billed for June 28 will go on despite revelations by the leadership that the contractors will not complete the upgrade until August ending.

“We cannot even contemplate an extension of date,” he said when asked if the delay could force a rescheduling of members’ resumption.

“Nigerians have criticised our allowances and they want us back to work immediately; we cannot contemplate an extension.”

The lawmakers who attended the briefing did not hide their desire to distance the new session from the troubles of the past.

Many members, not wanting to be named, to avoid implying a lack of support for Mr Bankole, distanced themselves from the embattled former Speaker’s travails claiming that the new House is a changed House that would abide by the ethics of accountability in all ramifications.

“The seventh Assembly is a changed House that must not be compared with the sixth Assembly,” said a former member who said he should not be attributed with the remarks, to avoid creating the impression that old colleagues are not supportive of Mr Bankole.

With the car purchase scam, N9 billion house 2009 capital votes controversy and several questionable loans under his command, the EFCC’s decision to issue new charges are seen as a ploy that may prolong Mr Bankole’s stay in custody.

In the open, at least for a start, the new lawmakers too have learnt to skip inquiries that may fetch troubles as they did to the former Speaker.

Pressed at the briefing yesterday, on whether the new assembly’s welfare consideration for the members includes new cars – the first contract scandal under Mr Bankole – the deputy Speaker, Mr Ihedioha, stuttered and gave an instant answer.

“Please don’t just go there now, let’s deal with the problem of offices which we are talking about here,” he said.

Dimeji Bankole and Usman Nafada in court

The Economic and Financial Crimes commission (EFCC) has formally charged the former speaker of the Nigerian parliament, Dimeji Bankole and his erstwhile deputy, Usman Bayero Nafada, for fraud and loan conversion at the Federal capital territory High Court 28 in Abuja today.

Both men were accused by the anti-graft agency of illegally obtaining N40 billion and converting the loans in a fraudulent manner.

It would be Mr. Bankole’s second court appearance today in Abuja. Earlier he was admitted to bail by a federal high court judge. He awaits bail sureties and verification of their assets by the EFCC.

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA

CHARGE NO:CR/100/2011

BETWEEN:

FEDERAL REPUBLIC OF NIGERIA        ……..        COMPLAINANT

AND

1.    DIMEJI SABUR BANKOLE        ………    ACCUSED PERSONS
2.    USMAN BAYERO NAFADA

APPLICATION FOR LEAVE TO PREFER A CRIMINAL CHARGE UNDER SECTION 185(B) OF THE CRIMINAL PROCEDURE CODE

I hereby apply for leave to prefer a criminal charge against the above named accused persons. Attached herewith are the following documents:

1.    A copy of the Charge in respect of which leave is sought
2.    A verifying Affidavit.
3.    Names and addresses of the witnesses
4.    Statements of the witnesses and Accused persons
5.    Other documentary evidences.

Dated this…………………day of……………………………………………2011

FESTUS KEYAMO, ESQ.
(PRIVATE PROSECUTOR)
FOR: ECONOMIC AND FINANCIAL CRIMES COMMISSION
c/o13, NOUAKCHOTT STREET,
NEAR BANK PHB,
WUSE ZONE 1,
ABUJA.

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
CHARGE NO:CR/100/2011

BETWEEN:

FEDERAL REPUBLIC OF NIGERIA        ……..        COMPLAINANT

AND

1.    DIMEJI SABUR BANKOLE        ………    ACCUSED PERSONS
2.    USMAN BAYERO NAFADA

CHARGE

COUNT 1

That you Dimeji Sabur Bankole and Usman Bayero Nafada, being Principal Officers of the House of Representatives of the Federal Republic of Nigeria, on or about the 12th day of May, 2010, in Abuja, within the jurisdiction of the High Court of the Federal Capital Territory, did agree amongst yourselves to commit a felony, to wit: criminal breach of trust by agreeing to approve the allowances and/or “running costs” of Members of the House of Representatives in violation of the approved Remuneration Package for Political, Public and Judicial Office Holders by the Revenue Mobilisation Allocation and Fiscal Commission and the extant Revised Financial Regulations of the Federal Government of Nigeria, 2009 and thereby committed an offence contrary to Section 97(1) of the Penal Code Act, Cap 532, Laws of the Federation of Nigeria (Abuja) 1990 and punishable under Section 315 of the same Penal Code Act.

COUNT 2

That you Dimeji Sabur Bankole and Usman Bayero Nafada, being Principal Officers of the House of Representatives of the Federal Republic of Nigeria, sometime around January 2011, in Abuja, within the jurisdiction of the High Court of the Federal Capital Territory, being entrusted with House of Representatives’ Account No. 00390070000018 with the United Bank of Africa, Plc, property of the Federal Government of Nigeria, dishonestly used that account to obtain a loan of Ten Billion, Three Hundred and Eighty Million Naira (N10,380,000,000.00) from the United Bank of Africa, Plc, to augment allowances and “running costs” of members of the House of Representatives in violation of the extant Revised Financial Regulations of the Federal Government of Nigeria, 2009 and thereby committed an offence contrary to Section 311 of the Penal Code Act, Cap 532, Laws of the Federation of Nigeria (Abuja) 1990 and punishable under Section 315 of the same Penal Code Act.

COUNT 3

That you Dimeji Sabur Bankole and Usman Bayero Nafada, being Principal Officers of the House of Representatives of the Federal Republic of Nigeria, sometime around August 2010, in Abuja, within the jurisdiction of the High Court of the Federal Capital Territory, being entrusted with House of Representatives’ Account No. 00390070000018 with the United Bank of Africa, Plc, property of the Federal Government of Nigeria, dishonestly used that account to obtain a loan of Five Billion, Four Hundred and Eighty-Five Million and Fifty Thousand Naira (N5,485,050,000.00) from the United Bank of Africa, Plc, to “take care of some urgent Recurrent Expenses” in violation of the extant Revised Financial Regulations of the Federal Government of Nigeria, 2009 and thereby committed an offence contrary to Section 311 of the Penal Code Act, Cap 532, Laws of the Federation of Nigeria (Abuja) 1990 and punishable under Section 315 of the same Penal Code Act.

COUNT 4

That you Dimeji Sabur Bankole and Usman Bayero Nafada, being Principal Officers of the House of Representatives of the Federal Republic of Nigeria, sometime around October 2010, in Abuja, within the jurisdiction of the High Court of the Federal Capital Territory, being entrusted with House of Representatives’ Account No. 00390070000018 with the United Bank of Africa, Plc, property of the Federal Government of Nigeria, dishonestly used that account to obtain a loan of Six Billion Naira (N6,000,000,000.00) from the United Bank of Africa, Plc, to augment allowances and “running costs” of Members of the House of Representatives in violation of the extant Revised Financial Regulations of the Federal Government of Nigeria, 2009 and thereby committed an offence contrary to Section 311 of the Penal Code Act, Cap 532, Laws of the Federation of Nigeria (Abuja) 1990 and punishable under Section 315 of the same Penal Code Act.

COUNT 5

That you Dimeji Sabur Bankole and Usman Bayero Nafada, being Principal Officers of the House of Representatives of the Federal Republic of Nigeria, sometime around November 2010, in Abuja, within the jurisdiction of the High Court of the Federal Capital Territory, being entrusted with House of Representatives’ Account No. 00390070000018 with the United Bank of Africa, Plc, property of the Federal Government of Nigeria, dishonestly used that account to obtain a loan of Four Billion and Fifty-Four Million Naira (N4,054,000,000.00) from the United Bank of Africa, Plc, to augment allowances and “running costs” of Members of the House of Representatives in violation of the extant Revised Financial Regulations of the Federal Government of Nigeria, 2009 and thereby committed an offence contrary to Section 311 of the Penal Code Act, Cap 532, Laws of the Federation of Nigeria (Abuja) 1990 and punishable under Section 315 of the same Penal Code Act.

COUNT 6

That you Dimeji Sabur Bankole and Usman Bayero Nafada, being Principal Officers of the House of Representatives of the Federal Republic of Nigeria, sometime around May 2011, in Abuja, within the jurisdiction of the High Court of the Federal Capital Territory, being entrusted with the Overhead Account of the House of Representatives with First Bank of Nigeria, Plc, property of the Federal Government of Nigeria, dishonestly used that account to obtain a loan of Twelve Billion Naira (N12,000,000,000.00) from the First Bank of Nigeria, Plc, to augment allowances and “running costs” of Members of the House of Representatives in violation of the extant Revised Financial Regulations of the Federal Government of Nigeria, 2009 and thereby committed an offence contrary to Section 311 of the Penal Code Act, Cap 532, Laws of the Federation of Nigeria (Abuja) 1990 and punishable under Section 315 of the same Penal Code Act.

COUNT 7

That you Dimeji Sabur Bankole and Usman Bayero Nafada, being Principal Officers of the House of Representatives of the Federal Republic of Nigeria, sometime around January 2011, in Abuja, within the jurisdiction of the High Court of the Federal Capital Territory, being entrusted with the sum of Ten Billion, Three Hundred and Eighty Million Naira (N10,380,000,000.00), being a loan facility obtained by the House of Representatives from United Bank of Africa, Plc, and property of the Federal Government of Nigeria, dishonestly misappropriated and disposed of the said sum by indiscriminately increasing the allowances of members of the House of Representatives in violation of the approved Remuneration Package for Political, Public and Judicial Office Holders by the Revenue Mobilisation Allocation and Fiscal Commission and the extant Revised Financial Regulations of the Federal Government of Nigeria, 2009 and thereby committed an offence contrary to Section 311 of the Penal Code Act, Cap 532, Laws of the Federation of Nigeria (Abuja) 1990 and punishable under Section 315 of the same Penal Code Act.

COUNT 8

That you Dimeji Sabur Bankole and Usman Bayero Nafada, being Principal Officers of the House of Representatives of the Federal Republic of Nigeria, sometime around August 2010, in Abuja, within the jurisdiction of the High Court of the Federal Capital Territory, being entrusted with the sum of Five Billion, Four Hundred and Eighty-Five Million and Fifty Thousand Naira (N5,485,050,000.00), being a loan facility obtained by the House of Representatives from United Bank of Africa, Plc, and property of the Federal Government of Nigeria, dishonestly misappropriated and disposed of the said sum in violation of the extant Revised Financial Regulations of the Federal Government of Nigeria, 2009 and thereby committed an offence contrary to Section 311 of the Penal Code Act, Cap 532, Laws of the Federation of Nigeria (Abuja) 1990 and punishable under Section 315 of the same Penal Code Act.

COUNT 9

That you Dimeji Sabur Bankole and Usman Bayero Nafada, being Principal Officers of the House of Representatives of the Federal Republic of Nigeria, sometime around October 2010, in Abuja, within the jurisdiction of the High Court of the Federal Capital Territory, being entrusted with the sum of Six Billion Naira (N6,000,000,000.00), being a loan facility obtained by the House of Representatives from United Bank of Africa, Plc, and property of the Federal Government of Nigeria, dishonestly misappropriated and disposed of the said sum by indiscriminately increasing the allowances and “running costs” of members of the House of Representatives in violation of the approved Remuneration Package for Political, Public and Judicial Office Holders by the Revenue Mobilisation Allocation and Fiscal Commission and the extant Revised Financial Regulations of the Federal Government of Nigeria, 2009 and thereby committed an offence contrary to Section 311 of the Penal Code Act, Cap 532, Laws of the Federation of Nigeria (Abuja) 1990 and punishable under Section 315 of the same Penal Code Act.

COUNT 10

That you Dimeji Sabur Bankole and Usman Bayero Nafada, being Principal Officers of the House of Representatives of the Federal Republic of Nigeria, sometime around November 2010, in Abuja, within the jurisdiction of the High Court of the Federal Capital Territory, being entrusted with the sum of Four Billion and Fifty-Four Million Naira (N4,054,000,000.00), being a loan facility obtained by the House of Representatives from United Bank of Africa, Plc, and property of the Federal Government of Nigeria, dishonestly misappropriated and disposed of the said sum by indiscriminately increasing the allowances and “running costs” of members of the House of Representatives in violation of the approved Remuneration Package for Political, Public and Judicial Office Holders by the Revenue Mobilisation Allocation and Fiscal Commission and the extant Revised Financial Regulations of the Federal Government of Nigeria, 2009 and thereby committed an offence contrary to Section 311 of the Penal Code Act, Cap 532, Laws of the Federation of Nigeria (Abuja) 1990 and punishable under Section 315 of the same Penal Code Act.

COUNT 11

That you Dimeji Sabur Bankole and Usman Bayero Nafada, being Principal Officers of the House of Representatives of the Federal Republic of Nigeria, sometime around May 2011, in Abuja, within the jurisdiction of the High Court of the Federal Capital Territory, being entrusted with the sum of Twelve Billion Naira (N12,000,000,000.00), being a loan facility obtained by the House of Representatives from First Bank of Nigeria, Plc, and property of the Federal Government of Nigeria, dishonestly misappropriated and disposed of the said sum by indiscriminately increasing the allowances and “running costs” of members of the House of Representatives in violation of the approved Remuneration Package for Political, Public and Judicial Office Holders by the Revenue Mobilisation Allocation and Fiscal Commission and the extant Revised Financial Regulations of the Federal Government of Nigeria, 2009 and thereby committed an offence contrary to Section 311 of the Penal Code Act, Cap 532, Laws of the Federation of Nigeria (Abuja) 1990 and punishable under Section 315 of the same Penal Code Act.

COUNT 12

That you Dimeji Sabur Bankole and Usman Bayero Nafada, being Principal Officers of the House of Representatives of the Federal Republic of Nigeria, on or about the 12th day of May, 2010, in Abuja, within the jurisdiction of the High Court of the Federal Capital Territory, did agree amongst yourselves to commit a felony, to wit: theft by agreeing to approve the allowances and/or “running costs” of Members of the House of Representatives without  the consent and approval of the Revenue Mobilisation Allocation and Fiscal Commission and thereby committed an offence contrary to Section 97(1) of the Penal Code Act, Cap 532, Laws of the Federation of Nigeria (Abuja) 1990 and punishable under Section 287 of the same Penal Code Act.

COUNT 13

That you Dimeji Sabur Bankole and Usman Bayero Nafada, being Principal Officers of the House of Representatives of the Federal Republic of Nigeria, sometime around January 2011, in Abuja, within the jurisdiction of the High Court of the Federal Capital Territory, did commit a felony, to wit: theft of the sum of Ten Billion, Three Hundred and Eighty Million Naira (N10,380,000,000.00) from House of Representatives’ Account No. 00390070000018 with the United Bank of Africa, Plc, property of the Federal Government of Nigeria, by dishonestly disbursing the said amount to various accounts of Members of the House of Representatives without  the consent and approval of the Revenue Mobilisation Allocation and Fiscal Commission  and thereby committed an offence contrary to Section 286 of the Penal Code Act, Cap 532, Laws of the Federation of Nigeria (Abuja) 1990 and punishable under Section 287 of the same Penal Code Act.

COUNT 14

That you Dimeji Sabur Bankole and Usman Bayero Nafada, being Principal Officers of the House of Representatives of the Federal Republic of Nigeria, sometime around August 2010, in Abuja, within the jurisdiction of the High Court of the Federal Capital Territory, did commit a felony, to wit: theft of the sum of Five Billion, Four Hundred and Eighty-Five Million and Fifty Thousand Naira (N5,485,050,000.00) from House of Representatives’ Account No. 00390070000018 with the United Bank of Africa, Plc, property of the Federal Government of Nigeria, by dishonestly disbursing the said amount to without regard to the extant Revised Financial Regulations of the Federal Government of Nigeria, 2009 and thereby committed an offence contrary to Section 286 of the Penal Code Act, Cap 532, Laws of the Federation of Nigeria (Abuja) 1990 and punishable under Section 287 of the same Penal Code Act.

COUNT 15

That you Dimeji Sabur Bankole and Usman Bayero Nafada, being Principal Officers of the House of Representatives of the Federal Republic of Nigeria, sometime around October 2010, in Abuja, within the jurisdiction of the High Court of the Federal Capital Territory, did commit a felony, to wit: theft of the sum of Six Billion Naira (N6,000,000,000.00) from House of Representatives’ Account No. 00390070000018 with the United Bank of Africa, Plc, property of the Federal Government of Nigeria, by dishonestly disbursing the said amount to various accounts of Members of the House of Representatives without  the consent and approval of the Revenue Mobilisation Allocation and Fiscal Commission  and thereby committed an offence contrary to Section 286 of the Penal Code Act, Cap 532, Laws of the Federation of Nigeria (Abuja) 1990 and punishable under Section 287 of the same Penal Code Act.

COUNT 16

That you Dimeji Sabur Bankole and Usman Bayero Nafada, being Principal Officers of the House of Representatives of the Federal Republic of Nigeria, sometime around November 2010, in Abuja, within the jurisdiction of the High Court of the Federal Capital Territory, did commit a felony, to wit: theft of the sum of Four Billion and Fifty-Four Million Naira (N4,054,000,000.00) from House of Representatives’ Account No. 00390070000018 with the United Bank of Africa, Plc, property of the Federal Government of Nigeria, by dishonestly disbursing the said amount to various accounts of Members of the House of Representatives without  the consent and approval of the Revenue Mobilisation Allocation and Fiscal Commission  and thereby committed an offence contrary to Section 286 of the Penal Code Act, Cap 532, Laws of the Federation of Nigeria (Abuja) 1990 and punishable under Section 287 of the same Penal Code Act.

COUNT 17

That you Dimeji Sabur Bankole and Usman Bayero Nafada, being Principal Officers of the House of Representatives of the Federal Republic of Nigeria, sometime around May 2011, in Abuja, within the jurisdiction of the High Court of the Federal Capital Territory, did commit a felony, to wit: theft of the sum of Twelve Billion Naira (N12,000,000,000.00) from House of Representatives’ Overhead Account with the First Bank of Nigeria, Plc, property of the Federal Government of Nigeria, by dishonestly disbursing the said amount to various accounts of Members of the House of Representatives without  the consent and approval of the Revenue Mobilisation Allocation and Fiscal Commission  and thereby committed an offence contrary to Section 286 of the Penal Code Act, Cap 532, Laws of the Federation of Nigeria (Abuja) 1990 and punishable under Section 287 of the same Penal Code Act.

Dated this…………………day of……………………………………………2011

FESTUS KEYAMO, ESQ.
(PRIVATE PROSECUTOR)
FOR: ECONOMIC AND FINANCIAL CRIMES COMMISSION
c/o 13, NOUAKCHOTT STREET,
NEAR BANK PHB,
WUSE ZONE 1,
ABUJA.
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA

CHARGE NO:CR/100/2011
BETWEEN:

FEDERAL REPUBLIC OF NIGERIA    ……..        COMPLAINANT

AND

1.    DIMEJI SABUR BANKOLE        ………    ACCUSED PERSONS
2.    USMAN BAYERO NAFADA

VERIFYING AFFIDAVIT

I, Festus Keyamo, Male, Christian, Nigerian citizen, legal practitioner of 13, Nouakchott Street, Near Bank PHB, Wuse Zone 1, Abuja, do hereby make oath and state as follows:

1.    That I am a private legal practitioner.
2.    That I have the authority of the Economic and Financial Crimes Commission to prefer this charge and prosecute this matter.
3.    That I have the consent and authority of the Complainant to depose to this affidavit.
4.    That no preliminary enquiry is being conducted before any Magistrate.
5.    That application is now being made under Rule 3(2) of the Criminal Procedure (Application for Leave to prefer a charge in the High Court) Rules 1970 and it is accompanied by proofs of evidence of the witnesses to be called at the trial in support of the charge.
6.    The evidence shown in the said proofs will be evidence available at the trial and that the case disclosed by the proofs is to the best of my knowledge, information and belief a true case.
7.    That it is in the interest of justice to grant this Application.
8.    That I depose to this Affidavit in good faith believing same to be true and in accordance with the Oaths Act.
_____________
DEPONENT
Sworn to at the High Court of the Federal Capital Territory,
Registry, Abuja this ……….day of……………………..2011

BEFORE ME

COMMISSIONER FOR OATHS

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA

CHARGE NO:CR/100/2011

BETWEEN:

FEDERAL REPUBLIC OF NIGERIA    ……..        COMPLAINANT

AND

1.    DIMEJI SABUR BANKOLE        ………    ACCUSED PERSONS
2.    USMAN BAYERO NAFADA

Dated this…………………day of……………………………………………2011

FESTUS KEYAMO, ESQ.
(PRIVATE PROSECUTOR)
FOR: ECONOMIC AND FINANCIAL CRIMES COMMISSION
13, NOUAKCHOTT STREET,
NEAR BANK PHB,
WUSE ZONE 1,
ABUJA.

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA

CHARGE NO:CR/100/2011

BETWEEN:

FEDERAL REPUBLIC OF NIGERIA    ……..        COMPLAINANT

AND

1.    DIMEJI SABUR BANKOLE        ………    ACCUSED PERSONS
2.    USMAN BAYERO NAFADA

PROOF OF EVIDENCE

TAKE NOTICE that at the trial of the above named accused persons, the prosecution intends to rely on the following documents attached herewith and the testimony of the following witnesses:

1.    Statements of Accused persons.
2.    All correspondence and documents received from the Revenue Mobilisation Allocation and Fiscal Commission.
3.    All correspondence and documents received from the Clerk of the House of Representatives and the National Assembly.
4.    All correspondence and documents received from the office of the Accountant General of the Federation.
5.    All correspondence and documents received from United Bank for Africa, Plc, and First Bank of Nigeria, Plc.
6.    Testimonies of Investigating Police Officers as to their investigation activities and findings.
7.    Testimonies of Officers of UBA Plc and FBN Plc as to transactions conducted with the House of Representatives.

Dated this…………………day of……………………………………………2011

FESTUS KEYAMO, ESQ.
(PRIVATE PROSECUTOR)
FOR: ECONOMIC AND FINANCIAL CRIMES COMMISSION
13, NOUAKCHOTT STREET,
NEAR BANK PHB,
WUSE ZONE 1,
ABUJA.