Court assents EFCC’s prosecution of Ondo Speaker over alleged fraud

Corruption: Ondo Speaker has case to answer over alleged N2.4m fraud, Court rules

An Akure High Court in Ondo State, on Wednesday said the Speaker of the Ondo State House of Assembly, Bamidele Oleyelogun, standing trial before the court, has a case to answer in the N2.4million fraud charges brought against him.

Oleyeloogun and two others were dragged before the Court by the officials of the Economic and Financial Crime Commission (EFCC) for alleged fraud involving the fund of the Assembly.

In the ruling, the trial judge, Justice Adegboyega Adebusoye, said that the anti- graft agency has power to investigate and prosecute the lawmakers for the alleged fraud, which the lawmakers and an official of the House of Assembly were charged with.

The EFCC had dragged the Speaker, Oleyelogun, a lawmaker, Felemu-Gudu Bankole and a civil servant, Segun Oyadeyi Bankole to court for alleged misappropriation of N2.4m belonging to the State Assembly.

But the lawmakers during the hearing, maintained that the EFCC lacked the power to prosecute offences affecting the finances and assets of the state as there exist a law enacted by the Assembly to tackle corruption allegation in the state.

The defendants in the preliminary objection filed to the EFCC charges by their counsel, Mr Femi Emodamori, prayed the Court to decline Jurisdiction and strike out the charges against them because the EFCC has no right to prosecute them as the assets they were facing trial for belonged to the state.

Counsel to the defendants, Emodamori said the EFCC has no right to prosecute the defendants for alleged corruption in view of the State Public Complaint Financial Crimes and Anti Corruption Commission Law passed into law and signed by Governor, Oluwarotimi Akeredolu in January, 2022.

However, Counsel to the EFCC, Mr Fredrick Dibang, argued that the court has jurisdiction to prosecute the offence, noting that the State law enacted by state Assembly is contrary to the acts of the National Assembly that establish EFCC.

He argued that once there is 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 with the intention of frustrating the trial of the lawmakers and the civil servant for the alleged abuse of office and corruption.

Justice Adebusoye however, ruled that the EFCC has power to investigate and prosecute the lawmakers for the alleged fraud, which they were charged with, saying that the state law is in abeyance.

The judge 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 settles 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 and adjourned the suit to April 24, 2023.