By: Joseph A. Adudu, August 05, 2022
A Jos High Court presided over by Hon. Justice Christen Dapub on Thursday, sentenced former Registrar, Federal College of Medical and Research Institute (FCMVI) Vom , Mr Mohammed Nasiru Ambursa to a fine of one Hundred and fifty Thousand Naira or nine months in prison.
Ambursa was standing trial on two-count charge bordering on false declaration and deceit contrary to section 35 (ia) of the Independent Corrupt Practices and other Offences Commission (ICPC) Act 2003 and section 138 of the Penal Code. The matter was prosecuted by the ICPC.
The ICPC during prosecution was able to proved wrongful employment and deceit done to National Veterinary Research Institute (NVRI) Vom, mother Agency to FMCVI by the defendant in 2007.
The fact of the matter is that Ambursa who was a staff of National Judicial Institute (NJI) was sent on compulsory retirement by the Institute in 2003 and was paid all his emoluments. Thereafter, he took up a new job with the Kebbi state Judicial Service Commission (JSC) on contract basis.
However, the defendant, in 2007 took a pensionable appointment with FCM VI, a development that prompted the writing of a petition by a unanimous petitioner to ICPC which eventually led to the prosecution of the defendant.
In his judgment, Justice Dapub held that the prosecution was able to proved the case beyond reasonable doubt and found the defendant guilty of the two-count charge. The Court held that the defendant ought to have informed NVRI that he was retired compulsory from NJI "But he knew that furnishing NVRI with the information would have disqualified him from the job.
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| E.M Hassan Esq. Counsel for the defendant |
"Instead, he used the term 'Linkage of service' which is not known to public service. So, he used the term Linkage of service to deceived NVRI", Justice Dabup held.
African Drum reports that the Court further held the submission of the prosecution that the constitution of the Federal Republic of Nigeria 1999 (As Amended) forbids a person who has been retired and received all his emoluments to take another pensionable employment stressing that it was the reason why Kebbi state Judicial Service Commission gave the defendant appointment on contract basis.
Having found the defendant guilty and convicted on the charges, the Court sentenced him to a fine of One Hundred Thousand Naira or six months in Correctional Service on Count 1.
On Count 2, the Court sentenced the defendant to a fine of Fifty Thousand Naira or three months in Correctional Service.
The Court further ordered the convict to refund all the salaries and allowances collected within the period he worked with NVRI as computed by the Institute into the account of Federal Government/ICPC Recovery Account.
Counsel for the Prosecution refused to talk to journalists after court session
However, in his submission, Counsel for the defendant E. M Hassan Esq. said they were grateful to the court for the judgment saying that they would apply for the record of proceedings and thereafter, would make a decision on their next line of action.
In his comment, Barr. Chesil Drenkat, a Jos based Legal Practitioner who has been following the case, said that the judgment was well considered, well written with the facts well marshalled out. "The judgment is sound and very direct. The prosecution succeeded in establishing its case beyond reasonable doubt. The judgment is sound and bound to be complied with", he said.
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| Chesil Drenkat Esq. Jos based Legal Practitioner speaking to African Drum after court session |
Drenkat posited that the lesson to be derived from the prosecution is that with deligence, whatever anybody conceals, with the Freedom of Information and persistent investigation, facts which cannot be controverted would be stumbled on.
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