Supreme Court asked Ex- Gov Shema,others to face N11bn corruption trial

… Dismisses appeal for lacks of merit

The Supreme Court on Friday dismissed the appeal filed by embattled former governor of Katsina state Ibrahim Shema and three others challenging their trial by Economic and Financial Crimes Commission (EFCC), over 11 billion Naira fraud.

The apex court said that the lower court was right when its upheld the decision of Katsina State high court that the 22 count charge against ex -Gov Ibrahim Shema, Sani Hamisu Makana, Lawal Ahmad Safana and Ibrahim Lawal Dankaba filed Economic and Financial Crimes Commission (EFCC) were competent.

Shema and the three other defendants had challenged their arraignments before Justice Bako of the Katsina state high court on the ground that the EFCC has no power to try them under a law enacted by Katsina State government.

Delivering the unanimous judgment of the supreme court on Friday, Justice Sidi Bage held that EFCC is empowered by its establishment Act to investigate and prosecute any person accused of corruption.

EFCC is also empowered by the provisions of its establishment Act to enforce any other laws relating to economic crimes.

Justice Bage agreed with the lower court that the 22 count charge filed against the defendants were competent.

He dismissed the appellants prayer to depart from its previous decision in favour of their application. He said the appellants did not provide any cogent reasons that would warrant the apex court to depart from its decisions.

“This interlocutory appeal lacked merit and it is hereby dismissed,” he held.

According to the court document, ex -gov Shema the fourth defendant had conspired with three other defendants who served under him and diverted a total sum of 11 billion Naira belonging to local government councils in the state to Shema .

On March 28, 2017 when the matter came up for hearing, the trial court was informed by counsel representing the accused persons that his clients had filed an appeal at the Court of Appeal, challenging the ruling delivered by the trial court in respect of the motion to quash the charge.

The Court of Appeal on September 13, 2017 upheld the ruling of the lower court.

Consequently, a new date of October 24 was fixed for the trial to recommence at the lower court.

However, when the trial resumed counsel representing the accused persons, A..T Kehinde(SAN) informed the court that his clients in the exercise of their constitutional rights, have approached the Supreme Court, to set aside the ruling of the lower courts in respect of the motion to quash the charge against them.

Justice Bako acceded to the counsel request for adjournment and fixed February 13, 2018 for report on the supreme court decision.