...Says Federal high court lacks jurisdiction to try him

By Ise-Oluwa Ige
FORMER Minister of the Federal Capital Territory, Mallam Nasir El-Rufai, yesterday, requested the Federal High Court, Abuja, trying him with two others over abuse of office and corruption, to hands off his case for want of subject-matter jurisdiction.

The Federal Government had arraigned the former minister and two key officials of the Abuja Geographic Information System, AGIS, over alleged abuse of office and corruption.

The affected officials of the AGIS were its Director-General and General Manager, Altine Jubrin and Ismaila Iro respectively.

Specifically, el-Rufai was accused of distorting the Abuja Master Plan by irregularly revoking the title of ownership of two parcels of land belonging to Power Holding Company of Nigeria Plc, PHCN, and the Nigeria Postal Services, NIPOST. He allegedly reallocated part of the land to the two officials of AGIS and another to his relations and associates.

The said parcels of land which provoked the criminal charge were located in Asokoro and Maitama areas of the Federal Capital Territory. The parcel of land which, according to the charge, originally belonged to PHCN on the Abuja Master plan was located in Asokoro. It was defined as Plot 12021, Asokoro District, A4, Abuja and was meant for the construction of transmitting/injecting substations.

The other one which the charge said belonged to NIPOST was located in Maitama. It was also defined as Plot No 3352, Maitama District, Abuja and was meant for the construction of Maitama Post Office.

The three accused persons were said to have conspired with one another to, wilfully and wrongfully, revoke and reallocate the said parcels of land contrary to section 19 of the Corrupt Practices and Other Related Offences Act, 2000.

Fingered as beneficiaries of the alleged abuse of office and corrupt acts in the eight-count charge were Altine Jubrin, Ismail Iro, both officials of AGIS and el-Rufai’s two wives – Hadiza and Asia. Other beneficiaries named in the charge were el-Rufai’s relations and associates including M. Oil Limited, Philip Daudu, Saidu Samaila, Iyabo Obasanjo-Bello, Jamaila Alhassan and Bello Sani.

Full blown trial was expected to kick off in the case yesterday but for the jurisdictional issue raised by el-Rufai.

The Federal Government begged for time to examine the issue raised by Rufai.

Former Attorney General of the Federation, Chief Akinlolu Olujinmi, SAN, represented el-Rufai in the case.

In the preliminary objection filed by him which stalled the trial, Rufai contended that no Federal High Court has the jurisdiction to entertain the complaint the Federal Government filed against him. Olujinmi, SAN, argued that the court lacked the subject-matter jurisdiction to try the case.

He gave five reasons for the position he maintained including that:

*The Federal High Court is incompetent to try the matter because sections 26(2) and 61 (3) of the ICPC Act 2000 stipulate that prosecution for offences under that Act can only be initiated at a state high court or the high court of the FCT.

*That the Chief Judge of the Federal High Court does not have the power to designate a judge or court of the Federal High Court, particularly Court No. 5 presided over by Justice Bello to hear and entertain criminal cases under the ICPC Act as provided by Section 61 (3) of the Act.

*That neither Section 251 of the 1999 Constitution nor any other enactment conferred jurisdiction on the Federal High Court to entertain offences of corruption and abuse of office.