Police Equipment: Again, Court Exonerates Martins, Others from Alleged Wrongdoings

•Dismisses EFCC’s N7bn fraud charge

Alex Enumah in Abuja

A High Court of the Federal Capital Territory (FCT), has again freed Lagos businessman, Kenny Martins, and three others from corruption and fraud allegations regarding the Police Equipment Foundation (PEP).

The court presided over by Justice Modupe Osho-Adebiyi subsequently dismissed the N7.74 billion fraud suit brought against them by the Economic and Financial Crimes Commission (EFCC).

It is the second time the suit would be dismissed by a High Court of the FCT, having been dismissed earlier in 2009 by Justice Abubakar Talba.

In her judgement delivered yesterday, Justice Osho-Adebiyi dismissed the suit filed in 2018, for being frivolous and lacking merit.

According to the judgement, the prosecution failed in all ramifications to adduce cogent and verifiable evidence that the N7.74 billion naira was misappropriated as alleged in the three-count charge.

Osho-Adebiyi also held that the anti-graft agency failed to establish how the sum of N774 million and another N50 million retained by the defendants as their 10 percent commission from the money generated through the Police Equipment Foundation (PEF) for Police amounted to fraud in the face of a clear Memorandum of Understanding (MoU) to the effect by the federal government.

In addition, the court held that the EFCC did not establish how the removal of the ten percent commission from one of the bank accounts of the Police Equipment Foundation amounted to breach of trust when there was no specific order in the MoU on which of the accounts the commission should be deducted.

The EFCC had arraigned Kenny Martins, Ibrahim Dumuje, Yero Gella and Nigerstalg on a 3-count charge bordering on conspiracy, criminal breach of trust, criminal diversion of N7.74 billion to personal use and forgery of documents.

The defendants, however, denied the charges which led to full blown trial during which EFCC called four witnesses to establish its fraud allegations and also tendered various documents as exhibits.

But the defendants through their lawyers, Joel Bankole Akomolafe, SAN and Johnny Ucheaga, narrated how they initiated Police Equipment Fund which transformed into Police Equipment Foundation and a MoU freely entered with the federal government on how to raise initial N100bn donation to equip police for effective performance.

Akomolafe, on behalf of his clients, also narrated how several billions of naira were raised through the efforts of the defendants and how the generated fund was used to purchase several hundreds of vehicles from Coscharis Motors based on government directives.

The senior lawyer also listed how the vehicles were distributed to Police, Nigerian Army, Civil Defence, Customs, and the EFCC among others at a public function in Abuja attended by the then Vice President of the Federal Republic of Nigeria, Dr Goodluck Jonathan and top rank Security Chiefs.

He also tendered several letters of acknowledgement of the vehicles by the security agencies.

Akomolafe, thereafter, pleaded with the court to dismiss the charges and award cost in favour of his clients.

In her judgment, Justice Osho-Adebiyi held that the prosecution failed to contradict the overwhelming evidence of how the donated money was expended by the defendants in line with the letters and spirit of the MoU.

To worsen its case, the Judge said the prosecution did not call the Inspector General of Police (IGP), Chief of Army Staff and other beneficiaries of the vehicles either to confirm or deny the claim of the defendants.

The Judge added that none of the four witnesses of the prosecution pointed their testimony at the direction of fraud.

“Having considered the case of the prosecution and that of the defendants, I am of the firm opinion that the case of the prosecution is manifestly bad, unreliable and fell short of expectations.

“In view of the above, I hereby discharge and acquit the defendants from the charges against them,” the Judge held.