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N787m Fraud: UBEC Officials to Remain in EFCC Custody

For now, there is no respite for the three directors of the Universal Basic Education
Commission, UBEC, - Molkat Manasseh Mutfwang, Michael Mtonga Aule, Dr. Andrew
Ekpanobi, and a contractor, Alexander John Cozma, his company, Intermarkets USA
LLC, who are facing 26 count charge for misappropriation of funds and criminal breach of
trust. The accused persons were first arraigned on Monday 18th May by the EFCC at a
Federal High Court, Abuja before the case was adjourned to today, Thursday 21st May,
2009.

But on Thursday after hearing the submissions of the prosecuting counsel and that of the
defence counsel, Justice M. Bello fixed Wednesday May 27 for ruling on the bail
application. Counsel to EFCC, Wahab Shittu argued that the state was vehemently
opposed to the bail application filed by the defence counsel and instead asked for
accelerated hearing of the case.

He said he had filed a 32 paragraph counter-affidavit against the bail application of the 1st
and 2nd accused persons, supporting same with two separate proofs. For the 3rd
accused person, the EFCC counsel said he was also opposed to his bail application as
he filed 28-paragraph counter-affidivit, supporting same with evidence. For the 5th
accused person, EFCC counsel urged the court not to grant him bail because he had
filed a 40 paragraph counter-affidavit, supporting same with proofs. Apart from the
evidence, Shittu said the counter affidavit was also supported by copious documents
including a circular from the office of the auditor general of the federation on the approved
percentage for contract mobilization. He then urged the judge to be guided by the
addresses, exhibits and the copious documents attached to the counter-affidavit.

Ricky Tarfa, a Senior Advocate of Nigeria and counsel to the 5th accused person
pleaded with the court to grant bail to the accused persons on very liberal terms. He said
he supported his bail application with documents showing that the contract was
satisfactorily completed. The same line of argument was canvassed by counsel to the
other accused who urged the court to grant bail to their clients on liberal terms.
However, the presiding judge was not swayed as he adjourned the case to Wednesday
May 27 to rule on the bail application while the accused persons were ordered to be
remanded in EFCC custody.

source: EFCC