*Declares Legislative Aides Public Officers
A FEDERAL Capital Territory (FCT) High Court in Abuja has sentence a former member of the House of Representatives, who represented Ogun East Federal Constituency from 1999 to 2003, Onamusi Onadeko, to nine months’ imprisonment, with an option of a N50,000 fine.
The court, presided over by Justice Chizoba Oji
found Onadeko guilty on Count 11 and convicted him for making inconsistent statements.
The court, however, discharged and acquitted him of Counts 2, 3, 4, 6, 7, 8, 9 and 10.
Onadeko’s troubles started in 2017, when he was charged by the Independent Corrupt Practices and other related offences Commission (ICPC) for his alleged involvement in the award and execution of a N68.7million contract.
The Commission accused Onadeko of using his private companies, Stanton Engineering Limited and Haines and Baines Limited, to execute several constituency projects while working as a senior legislative aide to the late Senator Buruji Kashamu, who represented Ogun East Senatorial District between 2015 and 2019.
ICPC had in the course of the trial told the court that several contracts, such as purchase of ambulance vehicles, supply of hospital equipment and drugs for primary health centres and construction of classrooms for some selected schools in six communities in the district, were awarded to both Stanton Engineering Limited and Haines and Baines, where the convict doubled as managing director and nominal director, respectively, an action that violates Sections 12 and 19 of the Corrupt Practices and Other Related Offences Act, 2000.
The Commission also accused Onadeko of making an inconsistent statement that contradicted the one previously made to the Commissioner for Oaths, where he stated that he was a director of Haines and Baines Limited, in an affidavit dated June 30, 20216, but subsequently wrote another statement while under investigation on May 5, 2017, that he was not a shareholder or director of Haines and Baines Limited.
This action, it said, violates Section 25(1)(b) of the ICPC Act and, which upon conviction, is liable to a fine not exceeding N100,000 or to imprisonment for a term not exceeding two years or to both.
However, Onadeko, through his Counsel, Wahab Olatoyebi, argued that his client was not a public officer, as his appointment at that material time was on a short-term basis and non-pensionable, hence he did not fall within the category of those that could be tried under Sections 12 and 19 of the Corrupt Practices and Other Related Offences Act, 2000 which criminalise and punish abuse of office by public officers.
This argument was rejected by Justice Oji, who stressed that based on the defendant’s letter of appointment and the decision of the Supreme Court in the case of Federal Government of Nigeria v. Farouk Lawan, legislative aides are public officers and therefore could be prosecuted under the relevant provisions of the Corrupt Practices and Other Related Offences Act, 2000.
