Godwin Tsa, Abuja
The planned re-arraignment of the Bauchi State Governor-elect, Senator Bala Mohammed by the Economic and Financial Crimes Commission (EFCC) over six-count criminal charges has been stalled following the absence of Justice Yusuf Halilu of the Maitama district of the High Court of the Federal Capital Territory (FCT).
Although the defendant, Senator Bala Mohammed, his counsel, Chief Chris Uche, a Senior Advocate of Nigeria (SAN) were in court before 9 am just as the prosecution counsel, Wahab Shitu, the arraignment could not take place following the absence of the judge in court.
A clerk of the court simply informed them that the arraignment would not take place as the judge was not in town.
The development gave rise to accusations and counter-accusations between the two parties involved in the case.
While Senator Bala Mohammed described the charges against him as politically induced, the Commission denied the allegations saying his trial had commenced since 2017,  a long time the  2019 elections.
 Speaking through his counsel, Uche (SAN), Senator Mohammed said the charges against him “are baseless as there is no substantial evidence to support it.”
“The whole thing is politically motivated and unnecessary distraction against the defendant who has been elected by his people to lead them.
” This somebody who has immunity by virtue of the certificate of return issued to him by the Independent National Electoral Commission as an elected governor of Bauchi State.
“So you see, the whole thing is politics playing out just to embarrassed him,” Uche alleged.
But countering the allegations, the prosecution counsel, Wahab Shitu described them as baseless.
Shitu clarified that the Commission did not file fresh charges against the defendant as the case was transferred from another Judge who has been elevated to the Court of Appeal.
“Let me say that EFCC does not play politics as alleged. This is not a fresh case, the trail had been ongoing before Justice Abubakar Talba who has been elevated to the Court of Appeal. It is a transferred case which is expected to start de novo (afresh).
” It is the court that invited us here today for the re-arraignment through the hearing notice served on us.  So it is wrong for anybody to suggest that the EFCC is playing politics or out to witch-hunt anybody,” Shitu explained.
Meantime, no new date has been fixed for the arraignment, but Daily Sun was told that the exercise will take place before May 29.
The former Minister of the Federal Capital Territory, was on May 11, 2017, arraigned before Justice Abubakar Talba, where he pleaded not guilty and was granted bail.
However, following his elevation of Justice Talba to the bench of the Court of Appeal, the case which had reached an advanced stage was transferred to another Judge, Justice Halilu for adjudication.
The EFC had in a  charge marked CR/177/17 bordering on accepting gratification and acquisition of landed property, accused

the former FCT minister of accepting gratification in the form of a house valued at N550 million on No 2599 and 2600 Cadastral Zone, AO4 Asokoro District, Abuja, from Aso Savings and Loans Plc in 2014.

The prosecuting counsel Mr. Wahab Shittu, said the alleged gratification was accepted as a reward by Mohammed “for performing your official duties”.

The alleged offense, according to the commission, is contrary to Section 18 (b) of the Independent Corrupt Practices and Other Related Offences Act 2000 and punishable under Section 18 (d).

Mohammed is also accused of making a false statement to an EFCC investigating officer, Ishaya Dauda, that he acquired the Cadastral Zone property through a mortgage facility from Aso Savings and Loans.

The anti-graft agency further accused the defendant of failing to make full disclosure of his property on 54, Mike Akhigbe Street, Jabi, Abuja in the course of filing his asset declaration form at the EFCC.

The commission said the offense is contrary to Section 27 (3) (a) of the EFCC (Establishment) Act 2004 and punishable under Section 27 (3) (c).

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The prosecution also accused Mohammed of failing to declare a property on Agwan Sarki Kaduna in Kaduna State.

The anti-graft agency also said that the governor-elect made a false declaration that property on CITEC Kwara House 5, AP Street, Mbora, Abuja belongs to him.

The commission said the property actually belongs to Abubakar Abdu Mohammed.

The agency also accused the governor-elect of using his office in 2014 to confer a corrupt and undue advantage upon his associates by allocating four numbers of fully detached duplexes and eleven numbers semi-detached duplexes valued at N314million only through the Presidential Tax Force on Sale of Government Houses to them…”

The alleged offense contravenes Section 19 of the ICPC Act 2000.