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N2.2bn Arts gallery Scam: EFCC Alleges Threat To Witness Life
Wednesday,  20 July 2010

A new twist was yesterday added to the on-going trial of the former Director General of the
National Gallery of Arts, NGA, Joe Musa when the Economic and Financial Crimes
Commission, EFCC accused him of threatening prosecution witnesses in a desperate bid
to frustrate his prosecution.

Musa and three suspended directors of NGA are facing a 14 count charge bordering on
misappropriation and diversion of funds totalling over N2.2 billion before Justice
Olukayode Adeniyi of the FCT high court, Lugbe, Abuja .

The allegation made in the open court by the prosecution counsel, Sir Steve Odiase
against Musa is coming against the backdrop of threats sent to the mobile phone of a
principal witness, Dr. Henry Achubo who is a Director of Finance at the NGA.

When the matter came up on Monday, a prosecution witness, Mr. Festus Chidi, who is the
Chief Internal Auditor of the NGA had testified that, Joe Musa converted the sum of N40
million for K12 retreat project that never held, adding that the accused diverted the money
for his personal use.

He stressed that Musa’s predecessors in 2004 and 2005 appropriated only N1.6
 million
and N1.5
million respectively for the same retreat. He equally gave details of how funds
totaling over N2.2 billion were diverted for personal use by Musa and his co-accused.

At the resumed hearing of the case on Tuesday, the EFCC counsel told the court that a
principal witness, Dr. Achubo failed to come to court for fear of being killed. He said the
witness was warned to stay away from the court.

According to him, the text message sent to Achubo’s phone reads: ‘Big fool, you bite the
finger that fed you. We are waiting. Come and testify. We are watching to see your interest
in this case. We failed to attack you last year when you attack our Oga last year; we would
not fail on you. Your dead body is bound home. Careless and loose idiot’’

Odiase also complained that another witness, Mr. David Ajiboye, the Chief Accountant of
the NGA who was to testify at the resumed hearing of the case also failed to present
himself for the pre-trial conference which the prosecution counsel slated for between 3
and 5 pm on Monday. He said the witness who switched off all his phones was later seen
with the accused Mr. Joe Musa.

The witness, Ajiboye however surfaced at the hearing of the case on Tuesday, and
wanted to be taken without the pre trial conference, a development the prosecution
counsel claimed was very dangerous.

The development led to a heated argument in court as the prosecution counsel argued
that the accused has breached the provision of Section 341 {2} of the Criminal Procedure
Code, CPC. The section makes it mandatory for an accused granted bail not to interfere,
intimidate or romance with the prosecution witness.

When this is done, the accused bail stands revoked because the witness will be a hostile
witness, Odiase told the court.

But rather than rule on the issue raised by the prosecution counsel, Justice Adeniyi
ordered the same witness to give his testimony.

Earlier in April, 2010, Mr. Dubem Egbunike who is the assistant chief research officer of
the NGA, during cross examination, had told the court that over N160 million was diverted
to private pockets of the DG and top echelon of the NGA.

The witness had also said that though the staff salaries of NGA in a month stood at about
N 15.5 million naira, but that the DG inflated it to the tune of N19.27 million monthly.