….Judge discharges and acquits Umar Mustapha
The Gubernatorial candidate of the Adamawa State Labour Party (LP), Alhaji Umar Mustapha Madawaki (Otumba) have floored the Labour Union and the Economy and financial crime commission (EFCC) at a court case over six hundreds housing unit construction.
Umar gave them the legal beating through his lead counsel, J C Njikonye, SAN, who defended him against the Federal Republic of Nigeria as the complainant with EFCC as the prosecuting agency in an Abuja Federal High Court.
Njikonye while giving his final submission told the honorable court on Tuesday that his client, Umar is suffering from a clear case of use of the instrumentality of prosecution for persecution.
He argued that the charge ought not to have been brought against the defendant in the first instance. As the five years of prosecution and persecution of Umar in the matter is a glaring case of wastage of public funds on useless and vindictive prosecution.
Counsel Njikonye further pointed out to the honorable court that the complaint that triggered the investigation of Umar and the subsequent charges are exhibit H, which was authored by Hadiza Afegbua, Yusuf Musa, Babangida Hamman and Yusuf Umar, all staff of EFCC that purported to investigate, prosecute and testify against the defendant.
“The prosecutor of the defendant, Benedict Agweye, the so called forensic expert who is the principal witness three (PW3) and who testified against the defendant is of the same EFCC, the complainant star witness is of the same EFCC but nominal complainants who are exhibit H and to have authored, trigger the investigation never testified against the defendant yet EFCC continued with the charge.
“The Malice behind the persecution of the defendant by way of this charge was his refusal to surrender housing subscribers funds worth over N2.5 Billions to the EFCC and to the NLC.” Njikonye said
He also explained to the court his client, Umar’s company has returned all contributions to subscribers standing in as exhibit L and M worth over 2.5 billion naira not a single subscriber complain.
“The implication is that the N104 million naira expended by the defendant’s company in acquisition of Land for the project was the defendant company’s funds. Non of the directors or shareholders of the defendant’s company, Kristol Lally EPC Nig LTD complained of missing funds. None of the land owners whom the defendant said payments were made to purchase the land disputed the facts as stated by the defendant; yet the prosecutor continued with this charge, this is a most unfortunate situation.” He said
The sitting Judge, Justice Keke Meke had tried Mustapha on seventeen count charges bordering on the forgery, obtaining money on false pretense said the prosecution agency failed woefully to prove that the defendant is guilty of the criminal offenses leveled against him.
On the seventeen count charges alleged Umar to have committed, Justice Keke one at a time discharged and acquitted him of all the criminal cases.
“He is discharged and acquitted, tell him to go with his shoulders high about his normal duties.” Justice Keke stated
Umar who was dragged to the federal high count by EFCC after complaining to them by NLC in 2017 over his humane born desires to bridge the six million housing deficit Nigerian workers are suffering in the prevalence states of Rivers, Abuja and Lagos was paid back with the evil’s coin.
According to Umar while granting an interview immediately after the verdict, he said he followed due process to secured a contract and reached a memorandum of understanding (MoU) with the Nigerian Labour Congress (NLC) during the reigns of Ayuba Waba as the president in 2011.
He worried that the whole issue started springing up surprises after a land in Karu was allocated to him to start up the project in 2013 when he advertised the land in national dailies for subscribers to contribute.
NLC according to him they flaunted the written agreement after four months of MoU and balkanized the land and sold it to themselves without a revert to him.
Yet in his burning desires to contribute his quarter in the development of the nation, Umar didn’t rise and eye brows but peaceful followed them until another land at Apo and along the airport road of almost eight hundred hectares was allocated to them by President Goodluck Jonathan, the current Governor of Bauchi state, Bala Mohammed was the Minister FCT.
He revealed that his passion to ease housing problems in Nigeria made him to commit a lot of resources to the project to the extent of sponsoring eighteen contingents from NLC and other ministries and government agencies to an international conference in housing held in Singapore.
Umar while celebrating the victory of the court tussle that lingered for over five years, he worried that his dream of constructing six hundreds housing unit for Nigerian workers was thwarted for selfish reasons after he had committed money into it in millions of dollars.
“At the end of the day they labeled me the bad guy, telling subscribers to collect their money. Charging me wrongly for forging signatures to withdraw money.
“All thanks to God, Nigerian court has proven incorrupt and can’t submerged justice no matter what the manipulation can be. All they wanted is to imprisoned me over my good intentions but the court did otherwise in the interest of Justice.” Umar said
