Alleged misappropriation: Court frees Edo ex-SSG, three others
An Edo State High Court has thrown out the case of alleged misappropriation of N113million preferred against a former Secretary to the Edo State Government, Dr. Simon Imuekheme and three officials of the State Universal Basic Education Board (SUBEB).
The misappropriated fund belongs to SUBEB.
They were arraigned by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) on eight count charges.
Other officials of SUBEB arraigned were – Sir Joseph Emoabino, David Eson Igbinoba and Aghator Gaskin Efe.
Presiding Judge, Justice Esther Edigin, who delivered judgment on preliminary objection by the accused persons, said the prosecutor failed in his case by charging the four accused under a non-existent law.
Justice Edigin noted that section 22 (5) of the ICPC Act 2000 was no longer in existence.
She said the law in operation today is the 2003 ICPC Act which was authenticated by the National Assembly in 2007 and not the ICPC Act of 2000.
“The corrupt practices and other related offences Act 2000 under which these persons were arraigned had seized to be part of the body of Nigeria law haven been repealed by section 55 of the Corrupt Practices and other Related offences Act 2003.”
“So at the time the accused persons were said to have committed that offence stated in the charge, the 2000 Act was no longer in existence. It will be travesty of justice to convict one under a non- existent law.”
“Flowing from the above laws, I found the preliminary objections of all the four accused persons have merits and the eight- count charge on each and every one of them is hereby struck out,” she declared.