From Yakubu Busari, Jos
Justice Steven Gang of Plateau State High Court on Thursday has heard a case of alleged fund diversion preferred against a Jos based legal practitioner, Mr. Gideon Ngwen.
Ngwen allegedly diverted N107 million naira belonging to 100 employees of the Plateau State Radio Television Corporation (PRTVC) whose employment was unlawfully terminated by the Plateau State Government in 2014.
He is facing a three-count charge including criminal breach of trust, misappropriating and converting to his own personal use Ni107 million of the judgment debt paid into his account on behalf of the clients, an offence punishable under section 297 of the 2017 penal code law.
According to a suit titled the Federal Republic of Nigeria, FRN, Vs Gideon Ngwen, with No. NICN/JOS/25/2014 and NICN/JOS/28/2016 filed in 2014 and 2016, respectively, the parties entered into a consent judgment, and it was agreed that N181, 890, 402. 66 be paid to all 100 workers through the account of the defendant domiciled in United Bank for Africa.
Counsel to the prosecution agency, the Economic and Financial Crimes Commission, EFCC, Barr. S.E.Okemeri told the court that the matter was slated for plea by the defendant which was earlier taken before retired Justice Christy Dabup and the accused was granted bail.
But counsel to the defendant, Barr. A. G .Adama pleaded with the court to entertain the fresh plea they have filed over the jurisdiction of the court to entertain the case.
He pleaded that the matter should be dismissed on the ground of jurisdiction because the exercise would cause delay and would be a waste of time.
The defendant pleaded not guilty to the three-count when the charges were read to him.
According to Adama, the preliminary objections (P.O) dated 7th October 2021 and filed on 11th October 2021 was supported by 54 paragraphs deposed by Ngwen.
“We also have 26 grounds that we are relying on P. O in support of the affidavit depot by Bar.Gideon Ngwen, ESq no 11 secretariat road Apolo crescent. Attached is 54 paragraphs affidavit and we shall be relying on all the averments contained therein. Accompanying the application is a written address. We are serving with a counter affidavit and response affidavit dated 3rd November 2021.
He argued that the EFCC re-arraigned his client with charges of misappropriation of N107million meant for about 100 clients without waiting for the outcome of the investigation instituted by Nigeria Bar Association, NBA.
He urged the court to dismiss the application for lacking in merits while the creditors.
Barr. Ngwen was arraigned before C. L. Dabup of Plateau State High Court, Jos, on Monday, December 5, 2022.
Mr Ngwen was said to have served as a lawyer to the about 100 workers pro bono (free of charge) in prosecuting two suits they filed at the National Industrial Court, Jos Division, against the Plateau State Government to challenge the unlawful termination of their employment.
According to EFCC, the workers alleged that to their dismay, they discovered that the sum of N107million, which had been paid into the defendant’s United Bank for Africa Bank account, had been converted by him for personal use.
