Jos-Based Lawyer Re-Arraigned Over Alleged Diversion Of N107 Million Belonging To 100 PRTVC Staff

Yakubu Busari

Justice Steven Gang on Thursday re-arraigned a Jos-based Legal practitioner over an alleged 107 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 a suit filed by the Federal  Republic of Nigeria, FRN,Vs Gideon Ngwen , No. NICN/JOS/25/2014 and NICN/JOS/28/2016 filed in 2014 and 2016, respectively, 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 with the United Bank for Africa.

The prosecuting agency, the Economic and Financial Crimes Commission (EFCC) prosecutor Barr.S.E.Okemeri  told the court that, the matter was slated for the pleading of the defendant which was earlier taken before retired Justice Christy Dabup and the accused was granted bail.

Whence the counsel to the defendant, Barr. A.G .Adama pleaded with the court that based on the fresh plead they’ve filed a P.O over the jurisdiction of the court to entertain the case .

Adding the matter should be dismissed on the issue of jurisdiction because the exercise would cause delay and waste of time to try Mr. Gideon Ngwen, on three counts including criminal breach of trust and misappropriation, allegedly converting 100 clients’ settlement funds to his own personal use of the judgment debt paid into his account on behalf of the clients punishable under section 297 of the 2017 penal code law.

When all charge was read to the defendant, he pleaded not guilty to the 3-count charge because the judge ruled the defendant should take his plea after a thorough investigation by the EFCC.

According to him, they’ve filed for preliminary objections (P.O) dated 7th October 2021 and filed on 11th October 2021 which we seek your lordship praying the court to grant supported by 54 paragraphs deposed by Ngwen and should be as their oral argument.

Stressing that he moved the application dated 10-10-2021 and filed on 28-10-2021 before the court notice dated 27-10-2021 and filed 28-10-2021 seeking the order of this honourable court quash all the relief sought.

We also have 26 ground that we are relying on P.O in support of the affidavit depot by Barr.Gideon Ngwen,ESq ,No 11 secretariat road Apolo crescent attached is 54 paragraphs affidavit and we shall be relying on all the averment contained.

He said that accompanying the application is a written address and adopted the argument contained in the written address. We are served with the counter affidavit and response we a further and better affidavit dated 3rd November 2021.

The EFCC re-arraigned his client with charges of misappropriation of N107 million meant for about 100 clients, a statement by the commission didn’t wait for the outcome of the investigation, a committee by Nigeria Bar Association, NBA, which made it unbiased.

The relationship between the client and lawyer is civil not criminal in nature, he submitted that the precondition that should have been followed that necessitated any statutory body had been met and that truncated the process that resulted solely on intimidation, harassment, and embarrassment of his client.

He urged the court to dismiss the application for lacking in merits while the creditors, plaintiff counsel told the court to discountenance the argument and uphold the oral submission and see the entire approach as baseless precarious imagination.

You recalled that ,Barr.Ngwen was arraigned before C. L. Dabup of Plateau State High Court, Jos, on Monday.

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 N107 million, which had been paid into the defendant’s United Bank for Africa Bank account, had been converted by him for personal use.

‘’That you, Gideon Ngwen (trading under the name and style of Gideon Ngwen & Co.) between 21st September 2017 and 8th July, 2018 at Jos, Plateau State within the jurisdiction of this Honourable Court, converted to your own use the sum of N67, 540, 129. 57 (Sixty Seven Million, Five Hundred and Forty Thousand, One Hundred and Twenty Nine Naira, Fifty Seven Kobo) which was entrusted to him by the Plateau State Government as payment of arrears of salaries to David Musa Ayiki and 99 other staff of Plateau State Radio Television Corporation (PRTVC).”