By Olufemi Oni, Ilorin
The trial of the former Governor of Kwara State, Alhaji Abdulfatah Ahmed, and his former Commissioner for Finance, Mr. Demola Banu, over alleged diversion of the State Universal Basic Education Fund has suffered a set back as the witness to the Economic and Financial Crimes Commission (EFCC), Mr. Abubakar Hassan, exonerated the duo from the alleged diversion of the SUBEB funds in the State.
Mr. Hassan, Assistant Director of Finance, Universal Basic Education Commission (UBEC) Abuja, stated that, “the duo are not signatories to the account of SUBEB and cannot be allegedly liable for the missing of the fund”.
The Ilorin zonal Directorate of the EFCC had dragged the duo before an Ilorin, Kwara State High Court for alleged misappropriation of UBEC’s matching grants of N5.78 billion between 2013 and 2019
Both defendants had pleaded not guilty to the charges.
But at the resumed hearing of the case on Tuesday, EFCC’s witness, Mr. Hassan, told the court during cross-examination that, “SUBEB is an autonomous agency, with a separate board having executive chairman as its head”.
Counsel to the former Governor and ex-commissioner, Kamaldeen Ajibade(SAN) and Gboyega Oyewole (SAN) cross-examined the witness respectively.
The EFCC witness said: “States SUBEB have distinct and separate account from the state government’s. The governor is not allowed to be a member of SUBEB board.
“Ex-governor Ahmed was not a member of SUBEB. Neither was he a signatory to the account. UBEC usually pays matching grants to states SUBEB accounts.”
Hassan added: “UBEC receives education action plan from states and approves same to the board. SUBEB is an independent agency under the UBEC Act. SUBEB payment is not for the state government.
“It is the duty of SUBEB to receive grants and disburse same in its own according to the law.”
The witness also revealed that through letter to SUBEB’s banks it eventually retrieved its matching grants of over N1.8 billion meant for 2013 and 2014 for illegal withdrawal and refusal of the board to pay its counterpart funds.
During Monday’s hearing, Hassan, while being led in evidence by counsel to the EFCC, Rotimi Jacobs (SAN) testified that a total of 51 projects approved under the 2013 action plan were abandoned due to a lack of funds.
According to Hassan, the UBEC project monitoring committee discovered that, despite the approval for these projects, the state government under the leadership of erstwhile governor mismanaged the funds.
“The projects monitoring exercise conducted investigations and found that many projects were either unexecuted or abandoned.
“We wrote to the then-Kwara State Governor Abdulfatah Ahmed, in May 2018 to address these issues, but we received no response,” Hassan stated.
He further explained that the abandoned projects spanned all 16 local government areas of Kwara State.
Hassan revealed that on January 6, 2015, N1 billion was loaned from the 2013 UBEC matching grant Account with Skye Bank Plc to pay staff salaries and pensions.
Addressing the utilization of the 2014 and 2015 State Counterpart Funds, he stated that the Kwara SUBEB had illegally withdrawn N1,829,054,054.06 from funds lodged on February 18, 2016.
These funds had qualified the state to access the Federal Government’s UBEC Matching Grants.
Hassan further testified that UBEC had sent a letter of invitation requesting documentary evidence regarding the Kwara State Government’s use of UBEC funds.
“We submitted documents showing the lodgment of funds to the Kwara SUBEB. The projects were categorized into three: early care education, primary school education, and junior secondary school education,” he explained.
He also reiterated that UBEC had written to the first defendant (Abdulfatah Ahmed) in May 2018, drawing attention to the alleged mismanagement of education funds. However, there was no response from the state government.
“State matching grants are not permitted to be borrowed or utilized for any purpose outside the approved action plan.
“The objectives of UBEC were undermined due to these infractions and the failure to implement the action plan,” Hassan stated.
Presiding Judge Mahmud thereafter adjourned the case to March 12 and 13 for continuation of the trial.