From Godwin Tsa, Abuja
The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has presented evidence to the Abuja division of the Federal High Court alleging that Usman Kwakwa, a senior staff member of the Rural Electrification Agency (REA), used his personal company to divert agency funds.
Bariki Zaknayaba, an ICPC investigator and prosecution witness, testified before Justice Emeka Nwite. Led in evidence by the prosecution counsel, Osuobeni Akponimisingha, Zaknayaba explained that during their investigation, they discovered that N215 million belonging to REA was unlawfully paid into the account of Bizairabbi General Supply and Co Ltd, a company owned by Kwakwa, between March and June 2023.
The witness detailed two separate transactions: N130 million and N85 million, both deposited into Bizairabbi’s account. Additionally, Zaknayaba revealed that another N97 million was paid into Kwakwa’s personal Zenith Bank account during the same period, purportedly for “project monitoring,” bringing the total to N312 million.
This money, he stated, was part of a larger sum of N1.2 billion allegedly misappropriated by senior staff in the REA’s Finance and Account Department, including Abubakar Sambo, the Director of Finance and Account.
Zaknayaba, the first prosecution witness (PW-2) in the ongoing trial of seven REA staff members, revealed that the ICPC initiated the investigation after receiving petitions from a non-governmental organization and the National Assembly, alleging financial impropriety within the agency.
To gather evidence, the investigation team sent letters to several banks, including Zenith Bank, First Bank, Guarantee Trust Bank, and United Bank for Africa, requesting bank statements and account opening packages related to the case.
The witness told the court that analysis of the obtained documents revealed that funds were paid into Kwakwa’s personal and company accounts, as well as those of other REA accounting officers, without proper authorization.
Zaknayaba explained the standard procedure for financial transactions within the agency, which involves a memo from the managing director, approval processes, payment voucher issuance, and reviews by designated officers. However, he confirmed that this procedure was not followed in the transactions under investigation.
During the investigation, Kwakwa and other accounting staff were invited for questioning. Zaknayaba confirmed that Kwakwa’s statement was obtained voluntarily.
When Akponimisingha attempted to tender the petitions and bank statements as evidence, Kwakwa’s counsel, Aliyu Lenu, SAN, objected, arguing that the bank statements were not properly certified and that the petitions lacked proper certification under Sections 104 and 83 of the Evidence Act 2011.
Akponimisingha countered that the objections lacked legal basis. He argued that the petitions, submitted by the NGO “Stop Corruption in Nigeria Now” and the House of Representatives Public Account Committee, had entered the public domain and were thus admissible under Section 102 of the Evidence Act. He further argued that the Supreme Court had previously ruled that documents obtained during investigations could be admitted as evidence, and that the bank statements, bearing Kwakwa’s photograph, did not require further certification.
Justice Nwite adjourned the matter until November 21st for a ruling on the admissibility of the documents and the continuation of the trial.
Kwakwa was arraigned on June 6th on a four-count charge of fraud. He pleaded not guilty and was granted N50 million bail. Six other REA staff members, including Director of Finance and Account Abubakar Sambo, are facing separate trials before Justices Nwite, Bolaji Olajuwon, and Nkeonye Maha of the Federal High Court in Abuja on similar charges.