FG Makes U-turn, Says Orubebe Did Not Divert N1.9bn Judge strikes out case against him

Tobi Soniyi
An Abuja High Court sitting at Apo has struck out a six-count charge filed against a former Minister of Niger Delta Affairs, Elder Godsday Orubebe, by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) over alleged N1.97billion with regard to the construction of the East-West Road.

Justice Olukayode Adeniyi who struck out the case, also discharged and acquitted the defendants, after the charge was withdrawn by the prosecution.

The charge was withdrawn on a day the court earlier gave the anti-graft to produce its witnesses to establish that Orubebe, who served under ex-President Goodluck Jonathan, diverted funds meant for the compensation of owners of properties on Eket Urban section of the East-West Road in Eket, Akwa Ibom State.

Other defendants in the charge were an Assistant Director at the Ministry of Niger-Delta Affairs, Mr. Oludare Davis Alaba, and the Director of Contracts, Gitto Costruzioni Generali Nig. Ltd, Mr. Ephraim Towede Zari.

However, shortly after the defendants were arraigned, the Attorney General of the Federation (AGF) and Minister of Justice, Mr. Abubakar Malami (SAN), in a letter to the Chairman of the ICPC, with Ref No. DPPA/MNDA/345/16, confirmed that the N1,965,576,153.46, which Orubebe was accused of diverting, “has not been expended, but awaiting further contract decisions and directives from the Ministry of Niger-Delta Affairs.”

The AGF in the letter dated December 16, 2016, and signed by the Director of Public Prosecution of the Federation, Mr. U.E.Mohammed, read: “In view of the above, the basis for the prosecution of the accused persons for misappropriation does not exist and thus, further prosecution cannot be justified.”

At the resumed sitting on the matter, though the ICPC, through its counsel, Mr. Ekoi Akpos, applied to withdraw the charge, it however insisted that the decision was not premised on the letter from the AGF.
The prosecution counsel saaid the commission decided to terminate further proceeding on the case following an understanding from all the parties that the road construction project would proceed as originally planned with compensation paid to those whose properties were damaged.

The ICPC lawyer hinged the application to withdraw the charge on sections 492(3) and 355 of the ACJA, 2015.
Orubebe was in the charge, accused of “diverting the sum of N1, 965,576,153.46 out of the sum of N2, 320,686,826 initially released by the federal government for the compensation of owners of properties on Eket Urban section of the East- West Road.

As well as, “Conferring unfair advantage upon Gitto Costruzioni Generali Nigeria Limited, by circumventing the approval of the Federal Executive Council (FEC) for the dualisation of the Eket, Urban road where the former Minister`s decision to rehabilitate the road instead of dualisation falls contrary to the award letter No.WR14522/VOL.1/55 dated 28/09/2006 as approved by the FEC.”

All the defendants had earlier pleaded not guilty to the charge and were granted bail.
Meanwhile, reacting to the development after the proceeding, Orubebe said he was grateful to God, saying all the travails he had passed through upon exiting office, had made him stronger and more determined to serve the people.
He said: “I came into government to serve Nigeria and Nigerians. There is no doubt that I was one of very few persons that were very close to former President Jonathan.

“I was exposed to power and resources, but I never abused them. Upon becoming Minister in 2007, I told God I would not put my hand in anything that will disappoint him.
“I served this country with total commitment. Today is one of my happiest days and I give God that glory. I want to appreciate Nigerians that stood by me and promise that if in future I have opportunity to serve them, I will not disappoint.”