26th November, 2012
Nnamdi Felix / Abuja
The Economic and Financial Crimes Commission, EFCC, on Monday re-arraigned suspended chairman of the House of Representatives’ committee on Capital market, Herman Hembe and his Deputy, 
The case which was formerly heard by Justice Abubakar Sadiq Umar was however transferred to Justice Peter Kekemeke following a petition by the EFCC alleging bias on the part of Justice Umar.
The EFCC had expressed dissatisfaction with the fact that the accused law makers were allowed to stand by the side of the dock, against its application for them to be in the dock throughout the trial period.
Following the allegation of bias against justice Umar, the Chief Judge of the FCT High Court, Justice Lawal Hassan Gummi reassigned the matter, for fresh trial.
At today’s proceedings, EFCC’s lawyer, Mr. Onjefu Obe, applied for Hembe and Azubuogu to take a fresh plea, in line with the Criminal Procedure Code, CPC.
Hembe’s lawyer, Mr. Jibrin Okutepa, a senior advocate of Nigeria did not oppose the application but however urged the court to allow his client to remain on the bail terms earlier granted by justice Umar, moreso that the accused persons have kept faith with the stipulated conditions, one of which is to attend trial proceedings.
Mr. Okutepa also protested what he considered an attempt by the EFCC to “intimidate and ridicule the Nigerian judiciary” over the commission’s request to have the case transferred to another judge.
“My Lord, I owe a duty to the court to protest why we are here, because the circumstances under which the Prosecutor caused the case to leave your Learned brother is worrisome to us. Before your Learned brother we had taken five witnesses and the prosecution closed its case, and we filed a no case submission and prosecution took a date to reply, only for the Director of Legal Services, Chime Okoroma to get up before your Learned brother and accused him of applying double standards” he protested
Azubuogu’s lawyer, Mr. Emeka Etiaba, aligned himself with the submissions of Mr. Kutepa and added that his client, who had unsuccessfully challenged the jurisdiction of the first court, was not prepared to do so again, in order to allow for accelerated hearing.
The court subsequently adjourned to January 23rd for trial.
The anti graft agency had dragged both legislators to court on a two-count charge of abusing their privileges as chairman and deputy chairman respectively, when they allegedly converted into personal use the sum of about N600,000 being money allegedly released by the Securities and Exchange Commission, SEC, for them to travel to the Dominican Republic for a refresher conference in October, 2011.
The offence, according to the anti graft agency, is contrary to Section 308 of the Penal Code Act, Laws of the Federation of Nigeria, 2004.
The separate counts filed against the accused lawmakers read thus: “That you Hon Iorwase Herman Hembe sometime in October 2011 in Abuja within the Judicial Division of the High Court of the Federal Capital Territory dishonestly converted to your own use the sum of $4095 (Four thousand, Ninety Five Dollars) being money given to you by the Securities and Exchange Commission as your travelling allowance to PUNCTA CANA, Dominican Republic to attend a conference which you did not attend and thereby committed an offence contrary to section 308 of the Penal Code Act, Laws of the Federation of Nigeria (Abuja) 2004 and punishable under section 309 of the same code.
“That you Hon Azubogu Chris Emeka Ifeanyi sometime in October, 2011 in Abuja within the Judicial division of the High Court of the Federal Capital Territory dishonestly converted to your own use the sum of $4095 (Four thousand, Ninety Five Dollars) being money given to you by the Securities and Exchange Commission as your travelling allowance to PUNCTA CANA, Dominican Republic to attend a conference which you did not attend and thereby committed an offence contrary to section 308 of the Penal Code Act, Laws of the Federation of Nigeria (Abuja) 2004 and punishable under section 309 of the same code.”