The Head of Capital Accounts Unit, Nigeria Prison Service, Imaobong Akon Esu-Nte, was on Tuesday arraigned before Justice Adegbola Adeniyi of the Federal Capital Territory High Court, Apo, Abuja.
The court was told by the prosecution witness how Esu-Nte awarded multi-million naira contracts to her companies.
First prosecution witness Sini Omar John, a Superintendent of Police with the Economic and Financial Crimes Commission, EFCC, while being led in evidence by the prosecuting counsel, Aso Larrys Peters, told the court that Esu-Nte, during investigation, was found to be a civil servant on Grade Level 14 in the Office of the Accountant-General of the Federation before she was seconded to the Nigeria Prisons Service and put in charge of contract payments, among others.
He further disclosed that Esun-Nte incorporated five companies- Abasiaga Global Resources, Abasiono Nigeria Limited, Ememima Global Ventures Limited, ID Integrated Petroleum Product Limited and Darima Properties- between 2008 and 2011.
According to John, the accused, in November 2011, awarded Abasiaga Global Resources Limited a contract to the tune of N14 million, adding that “She also awarded ID Integrated a contract worth N55 million and many more.
After the investigation, the accused was invited and was showed the facts of the case and admitted to all the facts thereafter and wrote a statement with the word of caution written on it.
Upon this submission, the prosecuting counsel tendered in evidence the document containing the contracts as awarded by the Nigeria Prisons.
However, the defence counsel, Titus O. Ashaolu, SAN, questioned the admissibility of the documents, citing Section 104 (1) of the Evidence Act.
“My Lord, these documents are not certified. For a public document to be admissible, it must have the following: date, signature, designation of the person issuing it and a prescribed fee as stated in Section 104 of the Evidence Act.”
But EFCC counsel Larrys Peters urged the court to discountenance Ashaolu’s argument, maintaining that “the documents are duly certified.”
After listening to counsel, Justice Adeniyi ruled that the document should be admitted in evidence, and marked P1a-P1q.
Although EFCC counsel also prayed the court to admit the accused person’s written statement in evidence, the move was opposed by Ashaolu, SAN who told the court that his client allegedly wrote it under duress. He pleaded that the court should order a trial within trial.
Esu-Nte, who was arraigned on November 14, 2014, is alleged to have abused her office by stealing over N83 million of Prisons funds with which she acquired exotic cars and property across the Federal Capital Territory, FCT.
She had pleaded not guilty to the charge and was admitted to bail.
However, it will be recalled that in the bid to forestall her trial, the accused, through her counsel, filed an application challenging the jurisdiction of the court to entertain the charge and as well as the competence of the charge.
Justice Adeniyi, on February 10, 2015, however, dismissed the application on the grounds that it lacked merit.
But Ashaolu today informed the court that he had filed a motion dated 20th February, 2015 seeking leave of court to appeal the ruling of February 10, 2015.
The matter has been adjourned to April 30, 2015.