Admin l Monday, March 06, 2017
YOLA, Adamawa, Nigeria – The Economic and Financial Crimes Commission, EFCC, has secured the conviction of the former Adamawa State Governor Barrister Bala James Ngilari on a 17-count charge bordering on awarding contract without following due process.
The convicted former governor was arraigned before Justice Nathan Musa of the Adamawa State High Court sometime in 2016 by the EFCC alleging that he conspired with his former Secretary to the State Government, Ibrahim Andrew Walye and Finance Commissioner, Jonathan Lamorde, to award contract to El-Yard Motors Company to supply 25 units of Toyota Corolla saloon cars (1.8) 2015 model to the tune of N167,812,500.00 without following the procurement process.
They however pleaded not guilty to all the charges read against them. During the trial, the prosecution called six witnesses and tendered 52 exhibits.
Count two of the charge reads that “you, BALA JAMES NGILARI sometime in January, 2015 while being the Executive Governor of Adamawa State at Yola, Adamawa State within the jurisdiction of this Honourable Court, did approved a contract in favour of one El-Yadi Motors Limited to the tune of N167,812,500.00 for the procurement of Twenty Five (25) Units of operational vehicles, Toyota Corolla (1.8litres) 2015 model without obtaining ” No objection “certificate from Adamawa State Bureau of Public Procurement.”
In his ruling Justice Nathan held that the prosecution proved the charge of procurement fraud beyond reasonable doubt. According to the judge “it might have been a different story if the memo was raised for the procurement of the vehicles in order to give them to security personnel and not to commissioners”.
He also stated that all the evidences given by the prosecution witnesses and documents tendered were never challenged by the defense counsel. ”
All the allegations are criminal in nature and the onus of proof is on the prosecution to prove their case beyond reasonable doubt, as well as it is clearly indicated that the provision of the Adamawa state Bureau for Public Procurement law, 2013 was violated in the award of the contract. I am therefore convinced that the prosecution proved 5 count charges out of 17 brought before the court and the accused is hereby convicted as charged”, the judge ruled.
The judge, however, discharge the two other accused persons: Ibrahim Andrew Walye ,former SSG and Sanda Jonathan Lamorde, former finance commissioner as, according to him, they acted under instructions of the convict.
He therefore sentenced the convict to five years imprisonment on all the five counts without an option of fine
