Toriola Olakunle Abdulahi, Left, with his counsel Hope Oko-Uwuagbo at the court on thursday.Justice Sylverster Orji of the FCT High Court, Wuse, Abuja on Thursday September 10 struck out two motions brought before him by Chief Joe Musa, the suspended Director General of the National Art Gallery,(NGA) against the Economic and Financial Crimes Commission, EFCC, the Ministry of Culture as well as the NGA. The judge’s ruling on Musa’s application came the same day he remanded another suspect arraigned before him for offences bordering on impersonation , conspiracy , forgery, and theft Musa in the motions sought for leave of the court to enforce his fundamental human rights and to restrain EFCC from unlawful harassment. He had questioned the query issued him by the ministry through the permanent secretary and the likely suspension from work which he contented was a breach of his fundamental human rights. The judge in his ruling noted that the applicant’s counsel has failed to prove how his client’s fundamental human rights has been violated through the issuance of a query which is an administrative procedure. “I cannot see how the query which is an administrative procedure has violated neither any human right nor even the civil rule.” He further submitted that the Civil Service rule on which the query was based is not inconsistent with the 1999 Constitution. The judge said that the argument that the query could not be replied because the substantive case was already in court was untenable. According to him, there is nothing wrong with a case going on simultaneously with a suspension. “A query is simply a question given to a public servant to state his own side of the issue at stake. It is an administrative procedure and in fact gives the applicant the right to fair hearing”, the judge stated. The judge dismissed the applicant’s allegation that the EFCC was harassing, trailing, and threatening him. “I believe that having been granted bail with a known surety, it is ridiculous to say that EFCC is harassing the applicant. If EFCC had need to speak to the applicant, it does not need to harass or intimidate the applicant”,Justice Orji stated while dismissing the motion for lacking merit. Joe Musa it would be recalled was arraigned on Monday July 20, 2009 along with Olusegun Ogunmba, Director of Finance, on a 12 count charge of criminal misappropriation, criminal conversion of public funds ,falsification of Account, and illegal opening of account before Hon Justice Olukayode Adegbola Adeniyi ,at the FCT High Court in Lugbe. The accused were at different times between august 2006 and April 2009 alleged to have diverted over N1billion public fund. In a related development, the EFCC also on Thursday September 10, 2009 arraigned one Toriola Olakunle Abdulahi on a five-count charge of impersonation , conspiracy , forgery, and theft before Justice Sylvester Orji of the FCT High Court, Wuse Zone 5,Abuja. Toriola was alleged to have conspired with three others namely; Lekan, Wasiu and Musa all at large to forge the signature of the Managing Director of Prime Puelity Nigeria Limited, Mutari Abdulahi with the intention to defraud him the sum of Three Million, Two Hundred and Fifty thousand, Seven Hundred Naira(N3,250,700.00). One of the charges read; “That you Toriola Olakunle, Lekan ,Wasiu and Musa (now at large) on or about the 24th day of August 2009 in the Abuja Judicial Division of the High Court of the Federal Capital Territory did agree to do an illegal Act to wit: forgery of the signature of one Mutari Abdulahi, the MD of Prime Puelity Nigeria Limited by signing same on First Bank Cheque No 41177983 purportedly issued by the said MD, the account holder for the sum of three million, two hundred and fifty thousand, seven hundred naira (3,250,700) dated 21st of August 2009 and thereby committed an offence contrary to section 97 of the Penal Code Law cap 532 Laws of the Federation of Nigeria punishable under section 364 same Act.” Earlier, the prosecution counsel, Sir Steve Odiase had filed a motion on leave to prefer a criminal charge against the accused stating that he had verifiable affidavit, witnesses, and statements to pursue the case to its logical conclusion. He thereafter asked that the charges be read to the accused and for him to take his plea. Toriola pleaded not guilty to all the five charges even as his counsel, Hope Oko- Uwuagbo tried to move for an oral application for bail, a move Odiase countered . Odiase while opposing the bail application however asked for an accelerated trial. “My lord I oppose the manner in which my learned friend wish to move for bail application, we all know how this is done,” he said. Justice Orji, said that the defence counsel has failed to present proofs to support his bail application and subsequently asked him to file a formal application for bail. He fixed substantive hearing of the case on October 5th, 2009 while he remanded the accused in prison cutody.
From Media& Publicity Unit
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