A Federal High Court, sitting in Abuja, on Tuesday rejected the no-case submission filed by the former Registrar of the Joint Admissions and Matriculation Board (JAMB), Professor Lawrence Adedibu Ojerinde, against N5.2 billion fraud charges brought against him by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
Justice Obiora Egwuatu delivered the ruling against the no-case-submission on Tuesday.
Ojerinde was initially arraigned in 2021 by the ICPC over allegations of abuse of office and fraudulent diversion of an estimated N5.2 billion from government coffers.
ICPC Case and Ojerinde’s No-Case Submission
The ICPC, in an 18-count charge filed before Justice Egwuatu, alleged that Ojerinde committed multiple frauds while heading the National Examinations Council (NECO) and JAMB.
According to the proof of evidence endorsed by the prosecutor, Ebenezer Shogunle, a Deputy Commissioner with the ICPC, the defendant was accused of conferring corrupt advantage upon himself at different times while he was the Registrar/Chief Executive of JAMB and NECO, respectively.
The ICPC maintained that these actions violated Sections 19, 24, 25 (1) (a) and (b) of the Corrupt Practices and Other Related Offences Act, 2000, and Section 1 (1)(b) of the Advance Fee Fraud Act, 2006.
One of the counts reads: “That you, Professor Lawrence Adedibu Ojerinde, on or about 16th February 2009, in Abuja, used your position as Registrar of the Joint Admissions and Matriculation Board (JAMB) to confer corrupt advantage upon one Jimoh Olabisi Olatunde, a public officer, by instructing Zenith Bank Plc to open an account No. 1002833087 in the name of JAMB/J.O. Olabisi, into which you subsequently diverted a cumulative sum of N2,769,083,044.04 (Two Billion, Seven Hundred and Sixty-Nine Million, Eighty-Three Thousand, Forty-Four Naira, Four Kobo), property of the Federal Government of Nigeria, thereby committing an offence contrary to, and punishable under section 19 of the Corrupt Practices and Other Related Offences Act, 2000.”
Legal Developments
Upon arraignment, Ojerinde pleaded not guilty, paving the way for a full trial.
The matter was then adjourned to July 22nd and 23rd, 2021, for the commencement of the trial, and the ICPC presented witnesses to substantiate its allegations.
Afterwards, the defendant’s legal team filed a no-case submission, insisting that the prosecution had not proven a prima facie case against the defendant and that Ojerinde had no case to answer.
The defense urged the court to dismiss the charges against Ojerinde.
However, the prosecution maintained that the Commission had established its case and that the court should order the ex-JAMB boss to enter his defense.
Court Ruling
- In his ruling on the no-case submission, Justice Egwuatu held that relevant laws stipulate that a court must determine, among other things, whether there is evidence linking a defendant with an offense.
- The judge observed that, as per the charges against the defendant, seven of the counts border on advance fee fraud, while others relate to corrupt practices.
- He highlighted that witnesses had appeared in court to give evidence relating to the charges against the defendant.
- Based on this, the judge stated his opinion that elements of the offense had been identified by the ICPC witnesses, requiring the defendant to enter a defense.
“The no-case submission fails and is dismissed,” the judge said.
- Egwuatu ruled that the defendant (Ojerinde) is called upon to enter his defense and subsequently fixed July 16 for the commencement of the defense.
