Court dismisses EFCC’s N254m bribery case against Senator Bassey

Justice Oluwatoyin Taiwo of an Ikeja Special Offences Court on Wednesday dismissed a suit filed by the Economic and Financial Crimes Commission (EFCC) involving a serving Senator, Albert Bassey who was accused of collecting N254 million bribe from oil baron Olajide Jones Omokore.

The defendants who were billed to be arraigned before the court on a 14 count charge had through their counsels challenged the court’s jurisdiction to try them, averring that the alleged bribe took place in Akwa Ibom.

According to the EFCC Bassey, 45, who is representing Akwa-Ibom North-East, received twelve vehicles between 2010 and 2014 from Omokore, when he (Bassey) served as the Akwa-Ibom Commissioner for Finance.

They are both facing a 14-count charge bordering on corruption on the duo.

However, at Wednesday’s proceedings, Justice Taiwo in a short ruling upheld the defendant’s application, while advising the anti-graft agency to file the suit in Akwa Ibom where the alleged bribe took place.

“The issue of jurisdiction is a fundamental one. In the instant case, the prosecution had failed to give reasons why the suit should be heard within this jurisdiction.

“This court lacks jurisdiction to adjudicate on this matter. I hereby strike out this suit for lack of jurisdiction.

“The prosecution should file the charges in Akwa Ibom where the alleged fraud took place, ” the Judge ruled.

At previous proceedings, the defendant’s counsels, Solomon Umoh (SAN) and Olatunde Adejuyigbe (SAN) respectively, filed applications contending that the court had no power to hear the substantive case.

Bassey’s counsel, Umoh SAN, had argued that there was nothing before the court to prove that the alleged crime against Bassey was committed outside Akwa-Ibom or in Lagos State.

“There is nothing in the proof of evidence that suggested that any aspect of the alleged crime against the first defendant was committed outside Akwa-Ibom State and in Lagos State.

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“Happily, the prosecution has narrowed everything down that it was cars that were delivered to the first defendant by the second defendant.

“So we want to ask where were the cars delivered to so we can know what Lagos has to do with Akwa-Ibom State but we have provided the answers in our argument, the cars were delivered in Akwa-Ibom State.

“If he (Bassey) received in Akwa-Ibom State, how come they are coming to try him in Lagos State.

“The prosecution has not shown how the first defendant came to Lagos to receive vehicles. They have not shown it anywhere in the proof of evidence.”

Umoh, who further argued that Bassey’s name was not mentioned in the petition written to the EFCC, urged the court to grant his application.

Similarly, Omokore’s counsel, Adejuyigbe, SAN argued that the contending issue was not insufficiency of evidence but whether they were in the right court.

He further argued that in determining the issue of jurisdiction, the court was not bound by the place stated in the charge.

He said, “The count against the second defendant relates to receiving gratification or giving bribe and the section under which those counts were charged did not state name of purchase, place of purchase, mode of payment so we cannot be asking the court to rewrite the law,” he maintained.

However, the prosecution counsel, Sadisu Abubakar, had argued that the EFCC has the right to try the case before the court.

He added that the applicants tied the issue of jurisdiction to the issue of insufficiency of evidence which he noted was an abuse of the court processes.

The EFCC claimed that on May 10, 2010, Bassey allegedly corruptly received a BMW X5 BP worth N50m from Omokore and in December 2012, he received another Infinity QX 56 BP worth N45m from him.

On November 2013, the serving senator was alleged to have received a Toyota Landcruiser V8 BP valued at N40m and in March 2014, he was also alleged to have received a Range Rover, also valued at N40m from the businessman as well as in September 2014, another Toyota Hiace High Roof car valued at N27m.

Others vehicles received according to the EFCC are Toyota Hiace High Roof car valued at N16m and six units of Toyota Hilux vehicles valued at N36m.

The anti-graft commission claimed that the car gifts were given to Bassey by Omokore in exchange for contracts from the Akwa-Ibom Government.

The offences, according to the EFCC, contravene sections 63 (1)(a), 64 (1)(a) and 98(1), (a), (i) of the Criminal Law of Lagos 2011.