ABUJA — Trial of the former Chairman of the House of Representatives Committee on Capital Market and Other Institutions, Mr. Herman Hembe, kicked off on a dramatic note, yesterday, as the lawmaker declined to either mount the dock or enter his plea to a charge he said was grossly incompetent.
The embattled lawmaker, who was marshalled into the court room by operatives of the Economic and Financial Crimes Commission, EFCC, at exactly 9:11 a.m, insisted that the trial court lacked the jurisdiction to okay him for trial, saying the proof of evidence tendered against him by the commission failed to disclose a prima-facie criminal case capable of warranting his prosecution.
Former Chairman, House Committee on Capital Markets, Rep. Herman Hembe being led by EFCC Officials when he appeared at the High Court on charges of fraud in Abuja on Thursday
Consequently, he urged the court to firstly determine the legal propriety of the leave it granted to the EFCC on May 10 to try him and the erstwhile vice chairman of the House of Reps panel that commenced investigation into alleged rot in the Capital Market sector of the Nigerian economy, Mr. Chris Ifeanyi Azubogu, vis-a-vis the provision of section 154 of the Criminal Procedure Code, CPC.
Though counsel to Hembe, Mr. Jibrin Kutekpa, SAN, told the court that his client appeared in court yesterday on protest and to show respect to the judiciary, however, trial Justice Abubakar Ishaq Bello ordered the accused person to proceed to the dock to enable the court to take judicial notice of his presence in court.
“Where are the accused persons, you can’t hide them, let me see them at least to make sure they are present in court today,” the judge insisted.
Judge berates 2nd accused
At this juncture, counsel to the 2nd accused person, Mr Emeka Etiaba, told the court that his client was unable to appear for trial, yesterday, saying he travelled to his village in Nnewi, Anambra State, after he got a call that a member of his family was kidnapped.
Not satisfied with the reasons adduced for the absence of the 2nd accused person, the judge said the action of the lawmaker amounted to a deliberate affront on the authority of the judicial institution.
“The business of the day is for the arraignment of the accused persons, it is not about the EFCC but about showing respect to the institution of the judiciary. Is he not a lawmaker? If a lawmaker chose to disrespect the court what do we then expect from a layman on the street? Except on grounds of ill-health, the 2nd accused person had no reason whatsoever not to appear in court today” the judge stated.
Hembe queries competence of EFCC charge
Meanwhile, Hembe, through his counsel, condemned the absence of the 2nd accused person in court yesterday, he, however, pleaded with the court to go ahead and determine whether the totality of the proof of evidence entered against him by the anti-graft agency, disclosed any element of criminality regarding allegation that he collected monies from the Securities and Exchange Commission, SEC, to travel to the Dominican Republic but failed to do so.
Likewise, counsel to the 2nd accused person also challenged the leave that was granted to the EFCC to try him, insisting that the charge was grossly incompetent and ought to be dismissed.
Meantime, EFCC lawyer, Mr O. Uket, said he was served with the preliminary objection of the accused persons on Wednesday and would need time to respond. He, however, pleaded with the court to look into the bail status of the accused persons.
EFCC refuted allegation that it did not furnish the accused persons with copies of the proof of evidence against them, saying it had as early as May 14, served them the requisite processes through the Clerk of the House of Reps.
After listening to all the parties, Justice Bello said he would consolidate the separate objections of the accused persons for hearing, though he noted that they were not ripe for hearing yesterday.
Consequently, he adjourned the case till May 28, just as he ordered the accused persons to ensure their presence in court on the next adjourned date.
According to the judge, “it is in the interest of justice to determine the issue of jurisdiction the accused persons have raised. The accused persons are to appear on the next adjourned date, they are to remain on EFCC bail pending the determination of their objections to the trial.”
Immediately the case was adjourned yesterday, Hembe, who appeared pensive throughout the proceeding, was whisked away by EFCC officials in a Coaster Bus marked Abuja-BR-739-BWR.
Specifically, EFCC had in a 2-count charge it filed against the two lawmakers, alleged that they had at various times, collected gratifications from SEC.
The agency said it has evidence to prove that the accused persons, while presiding over the House committee probing alleged irregularities in the Capital Market, demanded bribe to the tune of N44million.
The commission said it uncovered the illicit deal of the accused persons while digging into an allegation that the Director General of SEC, Ms Arunma Oteh, lavished N30million on hotel bills alone.
It would be recalled that Oteh, in the heat of the ongoing probe into the stock market, insisted that Hembe was “unfit” to head the investigative panel, saying he was corrupt.
The SEC DG alleged that SEC gave Hembe estacode and a first class ticket to attend a capital market conference in the Dominican Republic but failed to attend.
However, in a swift reaction, Hembe, who disqualified himself from heading the probe panel on the basis of the allegations, presented documents to the lower legislative to prove that it was SEC, with Oteh’s approval, that offered N30m to the committee, contrary to her allegation that the lawmakers demanded bribe.
His evidence led the SEC DG to release a letter detailing requests she said was sent to the commission by the House probe committee.
She claimed that the agency was already processing the request for electronic payment but “smelt a rat” when it was approached a day to the hearing with another N5m cash request, which she claimed was a personal cut for Hembe as Chairman of the probe panel, saying allegation that she recklessly spent a whooping N30m on hotel bills in eight months, was false.
Besides, Oteh was accused of spending N850, 000 and N85, 000 on feeding on separate days in the same hotel.
Sequel to the controversy, the House of Reps, ordered the Committee on Ethics and Privileges to within 21 days investigate the allegations, even as it mandated Hembe to submit himself for investigation by the EFCC. Likewise, the House constituted an eight-member panel to re-start the capital market probe.
The 2-count charge against the lawmakers reads: “That you Hon Iorwase Herman Hembe sometime in October 2011 in Abuja within the Judicial Division of the High Court of the Federal Capital Territory dishonestly converted to your own use the sum of $4095 (Four thousand, Ninety Five Dollars) being money given to you by the Securities and Exchange Commission as your travelling allowance to PUNCTA CANA, Dominican Republic to attend a conference which you did not attend and thereby committed an offence contrary to section 308 of the Penal Code Act, Laws of the Federation of Nigeria (Abuja) 2004 and punishable under section 309 of the same code.
“That you Hon Azubogu Chris Emeka Ifeanyi sometime in October, 2011 in Abuja within the Judicial division of the High Court of the Federal Capital Territory dishonestly converted to your own use the sum of $4095 (Four thousand, Ninety Five Dollars) being money given to you by the Securities and Exchange Commission as your traveling allowance to PUNCTA CANA, Dominican Republic to attend a conference which you did not attend and thereby committed an offence contrary to section 308 of the Penal Code Act, Laws of the Federation of Nigeria (Abuja) 2004 and punishable under section 309 of the same code.”
