N360m Bribery Saga: Why 23 INEC officials can’t be tried in Rivers, FG tells court

ABUJA – The Abuja Division of the Federal High Court, on Friday, fixed May 12 to determine whether it has the jurisdiction to try 23 officials of the Independent National Electoral Commission, INEC, accused of collecting N360million bribe from Governor Nyesom Wike of Rivers State.


INEC staff members at court
Trial Justice John Tsoho reserved ruling on the issue on a day the Federal Government adduced reasons why it decided to prosecute the defendants in Abuja instead of in Rivers State.

FG had in a seven-count criminal charge it filed before the high court on March 7, alleged that the indicted INEC officials, got the bribe money from Governor Wike during the December 10, 2016, legislative re-rerun election in Rivers state.

Those cited as defendants in suit marked FHC/ABJ/CR//42/2017, were Shittu Mohammed Lamido (Shettima), Henry Owokure, Peter Ewatade, Mrs. Mary Jummai, Tunkoyo Pennap, Gwatana Jibril, Ivase Stephen, Abdullahi Ogabo, Gayus Hassan, Hussaina Yahaya, James Ogwuche, Karimu Aminu and Adedokun Najeem Ayotunde.

Others include, Balogun Funmilayo, Adams Kadiri, Akinwande Adesoji, Lukeman Olabimpe, Tiamiyu Arowolo, Akinwoye Amodu, Nwoha Yusuf, Patrick Anuke, Iro Abali, Nwosu Oluchi and Arukwe Chinelo.

The defendants had on March 14, declined to enter their plea to the charge, insisting that the court in Abuja lacked the territorial jurisdiction to conduct their trial based on the alleged offence.

They challenged the legal propriety of FG trying them in Abuja over a crime they allegedly committed in Rivers State.

The defence lawyers led by Mr. Ahmed Raji, SAN, and U.O Ukairo, said they had on March 13, filed motions to challenge powers of the high court in Abuja to adjudicate on an offence that took place in Rivers State.

They dared FG to take them before the Port Harcourt Division of the high court, saying the court should in the alternative, strike out the charge for want of competence.

Nevertheless, in urging the court to dismiss the motions, government lawyer, Mr. Aliyu Alilu, maintained that Rivers State is “highly unsafe” to conduct such trial.

FG, in a counter-affidavit it filed before the court, cited an intelligence report by the police alleging that thugs loyal to the Wike-led administration, had threatened to rise violently against the trial of the perceived allies of their benefactor if the case was conducted in the state.

It told the court that “the safety of witnesses, prosecutors, court officials and other civilians cannot be guaranteed” if the trial is conducted in Rivers State.

“That lives of security agents and civilians are usually in serious danger each time perceived allies of the present state government are being investigated.

“That defendants in this case are being charged in respect of the gratification they received from the present Governor of Rivers State, Governor Nyesom Wike.

“That intelligence report reaching the Police Force Headquarters is that prosecuting the said defendants in the same Rivers State will constitute security risks to prosecutors, the court and witnesses and even innocent civilians as political thugs, loyal to the incumbent administration in the state, have vowed to rise violently in opposition to the prosecution of perceived allies of their benefactor.

“That it is in consideration of security of lives of prosecutors, witnesses, court officials and innocent civilians that this matter be heard before this division of the Federal High Court”, FG added.

Besides, FG narrated before the court, how a Deputy Superintendent of Police, Mohammed Alkali, and Sergeant Peter Uchi of the 48 Police Mobile Force were “gruesomely murdered and beheaded by thugs and cult gangs” on the day of the rerun elections, despite the deployment of law enforcement agencies ahead of the exercise.

It told the court that before the election, three other policemen and four operatives of the Nigeria Security and Civi