An Abuja High Court on Monday discharged and acquitted Adolphus
Wabara, former Senate president who represented the Peoples Democratic
Party(PDP) in Abia State and two others of allegations of bribe for
budget levelled against them by the federal government. The two others
who were set free by the court include are Ibrahim Abdulazeez and John
Azuta Mbata, former senators.
Presiding judge in the ruling, S.E Aladetoyinbo, said the suit lacks
witnesses to prosecute the charge. The development comes 14 years after
the suit was filed. He, therefore, discharged the defendants under
section 355 of the Administration of Criminal Justice Act 2015.
Two other defendants who were listed in the suit, Garba Matazu, a
former house of reps member, and Fabian Osuji, minister of education, at
the time. The duo were not present in court, in a suit filed by the
Independent Corrupt Practices and other related Offences Commission
(ICPC). According to the trial judge, prosecutors in the matter, which
has been pending since 2005 could not raise witnesses to prosecute the
case.
He said following the failure of the prosecutor to produce witnesses,
each of the counsels to the defendants also urged the court to
discharge and acquit the defendants under Section 355 of the
Administration of Criminal Justice Act, 2015 which states as follows:
“Where a complainant at any time before a final order is made in a case
satisfies the court that there are sufficient grounds for permitting him
to withdraw his complaint, the court may permit him to withdraw the
complaint and shall thereupon acquit the defendant.”
“Since the prosecutor claimed that the witnesses are no more
available and this matter had been pending since 2005, the court will
grant the request of defence counsel. The three Defendants are hereby
discharged and acquitted under Section 355 of the Administration of
Criminal Justice Act 2015.
Adolphus Wabara was elected to the Senate in 1999, and reelected in
2003. He was president of the Senate of Nigeria from 2003 to 2005. In
the April 2003 election Wabara was first declared the loser to D.C. Imo,
candidate of the All Nigeria People’s Party (ANPP), but won a court
appeal in June 2003 and was declared elected.
The decision was controversial. At a Commonwealth meeting in December
2003, Adolphus Wabara said that “Responsive and responsible governance
should be the keyword … as it is the only instrument for promoting
democratic values, wealth creation and people’s empowerment.
In May 2004 senators moved to investigate Wabara over alleged financial
misdeeds. President Olusegun Obasanjo supported the decision. The
senators accused Wabara of exceeding his authority by handing out
various contracts without the knowledge or approval of the responsible
Senate committee.
An additional allegation was made by Senator Bode Olowoporoku, who
denied receiving a N 3 million advance that the Senate President said
had been paid to him for a tour of Europe and Latin America. Wabara said
he was ready for the probe, and said the allegations were false, raised
by Igbo senators who wanted his position.
In February 2005 at a reception hosted by the Chinese embassy, Wabara
confirmed Nigerian support for the One China policy, and said the
Senate would do all it could to foster the relationship with China. In
April 2005 Wabara resigned from his position after allegations were made
that he and others took a $400,000 bribe from the education minister,
Fabian Osuji.
He was succeeded by Senator Ken Nnamani. Fabian Osuji had been fired
the month before for allegedly bribing Wabara and six other members of
parliament to facilitate passage of his annual budget. After extended
legal battles, on 1 June 2010 Wabara’s charges were dropped. The court
held that the charges were bogus and failed to disclose prima facie
cases against the accused persons.
The court held that the action of the federal government on the
allegation was most embarrassing, barbaric and uncivilised because the
accused persons had not made statements to any security agents before
the broadcast trial and finally pronounced guilty. Justice Odili, the
judge in charge of the case, said that “the accused persons had no case
to answer in law and consequently have to set them free.”
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