Chief of Army Staff, Lieutenant General Azubuike Ihejirika |
The General Court Martial (GCM) of the Nigerian Army yesterday sentenced former aide de camp to late General Azazi to seven years imprisonment for using his bosses name to collect the cum of N150million from the former Bayelsa State Governor, Timipre Sylva to facilitate his second term as governor.
The court also ordered that the sum should be refunded to the Bayelsa State Government, empowering the military police and the EFCC to that effect.
The four count charge leveled against the accused, Lieutenant Colonel Robert Ahangba with service number N9827, found him guilty on two count charges after the 10-hour sitting by the court.
The officer was earlier charged on four count charges including conduct of prejudice of service duty, obtaining money under false pretence, disobedience to standing order and conduct of prejudice to service discipline.
Chaired by the President of the GCM, Brigadier General Edward Nze and the Judge Advocate, Captain Chukwudi Okonkwo, court proceedings revealed the convict was discovered to have the said money in his account.
Nze had said the judgement if acceded to by superior officers would mean the convict had been dismissed. He said, as a rule, ex-convicts don't serve in the armed forces and so if the superior authorities enforce the decision of the court, it automatically means that the officers has been dismissed.
The entire sum of money to be returned according to the court was N142,345,654, "in accordance with subsection 2 of section 174 of the Armed Forces Act and laws of the Federation of Nigeria.
"This court after thorough evaluation of evidence before it, the service record of the convict and alocotus of the defence also considered the grave effect of the serving officer which is an act of indiscipline in the NA and came to the certain conclusions.
"But the court frowns afresh at the convict's conduct as the serving officer had the golden opportunity to work with one of the finest generals this country has ever had but instead of taking the advantage he decided to embrace the disgraceful get-rich-quick syndrome.
"Worse still, he had abandoned his earlier line of defence because during investigation of painting the general black after his death. The court therefore sentences the convict to seven years imprisonment for obtaining money under pretence subject to confirmation from superior authorities."
On the monies to be returned, he said listed the sum of N25million, N30million and N29milliom be retrieved from Union Bank account and the sum of N48million deposited at First Bank in the account name of Roberta Nigerian Limited.
The sum of N11million was also traced to Living Faith Church which was paid in two installments; N9million and N2million as well as other monies given to some messengers.
However, Nze said the decision of the court was subject to superior authority which in this case is the Army headquarters, adding that the officer serving the sentence automatically means he is dismissed from the force.
He said, "As a rule, ex-convicts don't serve in the armed forces and so if the superior authorities enforce the decision of the court, it automatically means that the officers has been dismissed."
The convicted officer was arrested in 2012 following a letter from the late former National Security Adviser (NSA), General Andrew Azazi, which was directed to the Army headquarters stating that the officer impersonated him to obtain money from the Bayelsa State Government.
It was gathered that the convict had contacted some officials of the Bayelsa State Government falsely on behalf of Azazi and asked for N150million to execute community projects in some of the communities in Ekeremo Local Government and in turn would secure some electoral votes for their principal officer.
According to the evidence of bank documents of the convict which was tendered as exhibit in the court, the state government had actually transferred the said amount into his bank which he diverted into obtaining shares from First Bank and UBA registrars.
From the lump sum of money he fraudulently obtained, he was said to have given the sums of N5million and N8million to one Lieutenant Agaku and another unidentified lady in the bank.
Investigations revealed that although the money was intended to facilitate some community projects, the convict had no intention of executing it as he speedily moved the money to his private account.
While reading the findings of the court, Nze said, "The court has no doubt in mind that the accused person suggested the projects to officials of the Bayelsa State Government from the evidence before this court.
"Again, from the evidence before this court showed that he collect the said money from the state government as shown by bank documents tendered as exhibit P7 to P10. Also evidence before the court shows that the money was never used by the NSA.
"Thus he never assisted the Bayelsa State Government in winning or canvassing for votes in his state as alleged by the convict.
While admitting that the decision of the court is binding on their client, the lead counsel for the accused, Ifeanyi Mmaduabuchi, of Femi Falana chambers, said they would appeal the decision nonetheless.
He said, "We are aggrieved that we are going to to appeal court but as at now, the judgment is binding. However, there are certain issues we have brought up that was not addressed.
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