EFCC arraigns civil servant for tearing investigative documents

The Economic and Financial Crimes Commission (EFCC) has arraigned Usman Mallam, a low cadre civil servant in the employ of the Gombe State Government, for allegedly obstructing a criminal investigation by tearing the commission’s letters of investigative activities.

The arraignment took place on 11 June at the Federal High Court in Gombe, the Gombe State capital, North-east Nigeria, a press statement by the EFCC said Thursday.

Mr Mallam, a desk officer in the Office of the Secretary to the Gombe State Government (SSG), pleaded not guilty to the charge.

He denied the allegations when he appeared before the trial judge, T.G. Ringim, for arraignment.

The statement signed by the Head of Media and Publicity of the anti-graft agency, Dele Oyewale, said Mr Mallam was arraigned on one charge of wilful obstruction of investigation activities and destruction of EFCC’s official document.

The prosecution alleged that the commission was investigating Mr Mallam over allegations of economic and financial crimes when he allegedly tore two official letters from the commission on 26 February.

The offence allegedly violated section 38 (1) and punishable under Section 38 (2) (a) and (b) of the EFCC Act.

The statement gave the dates on the documents allegedly tampered with by Mr Mallam as 1 January 2024 and 21 February 2024.

But it did not provide more details about the documents.

It also did not provide any insights about the possible motive of the defendant.

It, however, disclosed that Mr Mallam denied the charges by pleading not guilty to the charge.

Bail

Following his plea, the prosecution counsel A.M. Labaran, urged the court to fix a date for trial.

In response, defence counsel, S.S. Usman, applied for bail for Mr Mallam, saying, “My Lord, we request bail, supported by our application dated 11 July 2024.”

The trial judge, Mr Ringim, granted Mr Mallam bail in the sum of N10 million awith one surety

The surety must be a director in a government establishment or a private company with a capital of at least N10 million.

Additionally, the registrar of the court is to verify the surety’s identity.

Both the surety and the defendant must also submit two passport photographs to the court.

The trial judge ordered that the remand of Mr Mallam in the Gombe State Correctional Service pending when he would meet the bail conditions.

He then adjourned the case until 9 July for trial.

The lone charge against Mr Mallam reads, “that you, Usman Mallam on or about 26th day of February 2024 at Gombe, Gombe State within the jurisdiction of this honourable court while the officers of the Economic and Financial Crimes Commission, EFCC were caring out an investigation activity involving an alleged economic and financial crime, did willfully obstruct the said investigation by tearing the EFCC formal letters of investigation activities dated 1 January 2024 and 21 February 2024, respectively” and thereby committed an offence contrary to Section 38 (1) and punishable under Section 38 (2) (a) and (b) of the Economic and financial Crimes Commission Establishment Act.”

Similar case

A similar case that readily comes to mind involved a former National Publicity Secretary of the Peoples Democratic Party (PDP), Olisa Metuh, who was charged with similar offences in January 2016.

The EFCC first charged Mr Metuh at the Federal High Court in Abuja with money laundering involving N400 million he allegedly took fraudulently from the Office of the National Security Adviser in November 2014 during the administration of then President Goofluck Jonathan.

Subsequently, the commission charged him at the Federal Capital Territory (FCT) High Court in Abuja with two counts of destroying his statement which he made under caution to its operatives and investigators while in custody on 5 January 2016.

The trial was overseen by the then Chief Judge of the FCT High Court, Ishaq Bello, now retired.

The court, at the end of the trial, adjourned for judgement. But we cannot immediately ascertained how it ended.. e

Mr Metuh was convicted and jailed in the mother case at the Federal High Court. But the judgement was overturned on appeal, with the Court of Appeal ordering a retrial.