EFCC vs Shema; court to rule on admissibility or otherwise of an investigative report before it July 9th.
A Katsina High Court has fixed 9th July for a ruling on admissibility or otherwise of an investigative report that uncovered alleged several financial misdemeanour against former Governor Ibrahim Shema totalling about N11b of Local government funds between 2011-2015. At resume hearing today, the first prosecuting witness and chairman of the said report committee Ibrahim […]
A Katsina High Court has fixed 9th July for a ruling on admissibility or otherwise of an investigative report that uncovered alleged several financial misdemeanour against former Governor Ibrahim Shema totalling about N11b of Local government funds between 2011-2015.
At resume hearing today, the first prosecuting witness and chairman of the said report committee Ibrahim Dabo had tendered the report before the court as evidence of their findings and proof of alleged payments and withdrawals made between the state and local government joint account.
In his submission Shema’s counsel, Joseph Daudu SAN, out rightly opposed the submission of the report on four grounds that the under the commission of enquiry law section 10, such evidence is not admissible, saying that ‘ it is a court that can investigate just as supporting documents were not equally attached’
‘ by section 67 of the evidence it was an opinion evidence is not admissible as well as sec 36(1) of the constitution, it was only a court or tribunal that can reach such a conclusion’ he added.
However, EFCC’s counsel objected to their submission that the said document was not the report of the Commission of enquiry but an investigative one that was tendered at one of its sitting as such it can be admitted.
He argued that based on sec 1, 4 and 67 of the Evidence Act the report is admissible and urged the court to do same.
Justice Ibrahim Maikaita Bako then fixed July 9 for ruling on the matter.
Shema alongside three others namely former Commissioner for Local Government Affairs, Sani Makana, former Permanent Secretary, Ministry for Local Government Affairs, Lawal Rufai and the ex-ALGON Chairman, Lawal Dankaba were dragged before the court by the Economic and Financial Crime Commission (EFCC) over alleged misappropriation of about N11b belonging to the state and it’s 34 local government.
In a related development, A Federal High Court in Katsina will today ( June 13) resume sitting on another case brought before it by the EFCC accusing Shema of money laundering of about N5.7b. Shema had plead not guilty to all the 26 count charges and presently on bail granted by the court on self recognition.