Friday, March 28, 2003

Court nullifies Kuta’s report

By Kemi Ogedengbe

A Federal High Court sitting in Abuja, yes-terday quashed the report of the ad hoc committee on investigations of Senate contracts otherwise known as Kuta and Oyofo reports against Senator Chuba Okadigbo and four others which indicted them of financial impropriety.

Others indicted in the report were Senators Rowland Owie, Bala Adamu, Gbenga Aluko and Abubakar Girei.

Joined as defendants were: the Senate, the Ad-Hoc Committee, the Attorney-General and Justice Minister and the Inspector-General of Police.

Delivering judgment in Abuja written by Justice Okechuwku Okeke but read by Justice Egbo I. Egbo, the court also made an order of perpetual injunction restraining the Senate and the Inspector-General of Police from arresting Okadigbo and others for the purpose of criminal prosecution.

Counsel to the plaintiffs, Mr. Jude Okeke had filed a motion on notice praying for an order of ‘certiorari’ to bring the reports to court for the purpose of quashing them.

He also sought to quash the Ad-Hoc committee report titled "findings, conclusion, and recommendations known as Kuta report as it relates to the applicants.

Barrister Okeke also sought an order to quash the report of the Harmonisation Committee of the Senate known as the Oyofo report and a perpetual injunction restraining the Attorney-General and Minister of Justice and the Inspector-General of Police from prosecuting him based on the recommendations of the report.

But in the judgment, Justice Okechukwu Okeke who has been transferred to Bayelsa State said "a perpetual order of injunction is also made from instituting any criminal proceedings or any related offence against the applicants based on the Kuta and Oyofo reports."

He said that evidence available to the court and submissions by the party’s counsel indicated that Okadigbo and others were not given a right to fair hearing as stipulated by Section 36 (1) of the 1999 constitution.

Besides, Okadigbo and others, he added, were not afforded the opportunity to face their accusers when the senate committee met on the investigation of the contracts.

He noted that the investigation committee should have allowed Okadigbo and others to cross-examine the witnesses called against them before reaching conclusions against the plaintiffs and cited the case of Bamgboye Vs University of Ilorin to support his judgment.

The judge noted that failure to observe the key provisions of the constitution on fair hearing was fatal to the two reports against the plaintiffs/applicants.

He, therefore, quashed the two reports and also gave a perpetual order of injunction restraining the Attorney-General of the Federation and the Inspector-General of Police from arresting the plaintiffs for criminal prosecution.