Court convicts ex-rep Onadeko, rules legislative aides are public officers under ICPC Act
The Independent Corrupt Practices and Other Related Offences Commission (ICPC) says it has secured the conviction of Onamusi Onadeko, a former member of the house of representatives, in a judgement that also affirmed that legislative aides are public officers under the Corrupt Practices and Other Related Offences Act.
Delivering judgement on Thursday, Chizoba Oji, judge of the Federal Capital Territory (FCT) high court, found Onadeko guilty of making inconsistent statements during an ICPC investigation and sentenced him to nine months’ imprisonment, with an option of a N50,000 fine.
Onadeko represented Ogun east federal constituency in the house of representatives between 1999 and 2003.
The anti-graft agency had arraigned him in 2017 on an 11-count amended charge over his alleged role in the award and execution of a N68.7 million constituency project contract while serving as senior legislative aide to the late Buruji Kashamu, who represented Ogun east from 2015 to 2019.
According to the ICPC, Onadeko used two private companies, Stanton Engineering Limited and Haines and Baines Limited, to execute constituency projects while serving as Kashamu’s legislative aide.
The commission said the projects included the procurement of ambulance vehicles, supply of hospital equipment and drugs to primary healthcare centres, and construction of classrooms in selected schools across six communities in Ogun east.
ICPC argued that the arrangement violated Sections 12 and 19 of the Corrupt Practices and Other Related Offences Act, 2000, which prohibit public officers from using their positions for personal benefit.
The commission also accused Onadeko of making contradictory declarations about his relationship with Haines and Baines Limited.
According to the prosecution, Onadeko stated in an affidavit sworn before the commissioner for oaths on June 30, 2016, that he was a director of the company. However, during an ICPC investigation on May 5, 2017, he reportedly denied being either a shareholder or director of the firm.
The commission said the contradictory statements contravened section 25(1)(b) of the ICPC Act.
During the trial, Onadeko’s counsel, Wahab Olatoyebi, argued that his client could not be prosecuted under the relevant provisions of the ICPC Act because he was not a public officer.
The defence maintained that Onadeko’s appointment as a senior legislative aide was temporary, non-pensionable and therefore outside the category of public officers contemplated by the law.
However, the judge rejected the argument.
Relying on Onadeko’s letter of appointment and the supreme court’s decision in federal government of Nigeria v. Farouk Lawan, the court held that legislative aides are public officers and can be prosecuted under the ICPC Act.
The court convicted Onadeko on count 11, which bordered on making inconsistent statements, but discharged and acquitted him on counts two, three, four, six, seven, eight, nine and 10.
The judge subsequently sentenced him to nine months’ imprisonment with an option of a N50,000 fine.
The judgement also established that personal assistants (PAs), special assistants (SAs), senior special assistants (SSAs), legislative aides (LAs), senior legislative aides (SLAs) and other similar appointees paid from public funds qualify as public officers under the ICPC Act, regardless of whether their appointments are temporary, fixed-term or non-pensionable.
