Court frees suspect in N787m UBEC scam

An Abuja Federal High Court on Thursday discharged and acquitted suspects accused of masterminding the N787m fraud in the Universal Basic Education Commission.
Justice Adamu Bello noted that members of the board of UBEC as at the time the contract was awarded in 2005 should have been the ones facing trial before the court, rather than the accused persons whom he described as "scapegoats."
The accused persons are four directors of UBEC – Molkat Mutfwang, Michael Aule, Andrew Ekpunobi and Prof. Bridget Sokan – who are all members of the Commission's Bid Evaluation Committee, as well as an American contractor, Alexander Cozma; and two companies allegedly used to siphon the funds, Intermakets USA LLC and Intermarkets Nigeria.
The suspects were arraigned by the Economic and Financial Crimes Commission for alleged complicity in the illegal diversion of funds meant for the supply of learning facilities to all secondary schools across the federation through the UBEC scheme.
Among other offences, they were accused of approving the payment of N669m, being 85 per cent of the total contract sum, as mobilisation fee to the contractor in breach of due process provisions.
Also, the accused persons allegedly approved separate payments of N41m and N16m outside the contract agreement.
The trial commenced in 2009, but after the prosecution closed its case, the accused persons filed a no- case submission, saying that witnesses called by the state did not produce any evidence against them.
Ruling on the no-case submission on Thursday, Justice Bello of the Abuja FHC held that the evidence provided by the prosecution witnesses did not link the accused persons to the charges brought against them.
Tracing the history of the matter, the judge noted that, from the evidence produced by the prosecution witnesses, the accused persons were not responsible for the award of the contract or the decision to pay the contractor an 85 per cent mobilisation fee.
The prosecution had alleged that the contract was awarded on the recommendation of the four UBEC directors who are members of the bid evaluation committee.
However, faulting the allegation, the judge observed that some of the prosecution witnesses provided contradictory evidence in the course of the trial.
"The evidence of Prosecution Witness 1 that the contract was awarded on the advice of the bid committee was not supported by evidence," he said.
He also held that while the award of the contract was in breach of a Federal Executive Council circular which set a N20m ceiling on the award of contracts by ministries, departments and agencies of the Federal Government, the then UBEC board, rather than the accused persons, were responsible for the decision.
He said the real offence was committed by the then UBEC board.
"The board of UBEC are the ones who approved the contract beyond their approval limit; they are the ones who approved the 85 per cent mobilisation fee; they are the ones that paid the mobilisation fee to the contractor," the judge said.
"They are the ones who should be charged before this court. They (accused persons) are made scapegoats for suing UBEC. That is to say that the wrong persons are before this court while the culprits are enjoying their freedom."