Court Convicts Ex-Reps Member Onadeko, Declares Legislative Aides Are Public Officers

The Federal Capital Territory High Court has convicted a former member of the House of Representatives, Hon. Onamusi Onadeko, in a landmark judgment that affirms legislative aides and other political appointees paid from public funds as public officers under Nigeria’s anti-corruption law.

Justice Chizoba Oji, in a judgment delivered on Thursday, found Onadeko guilty of making inconsistent statements during an investigation by the Independent Corrupt Practices and Other Related Offences Commission (ICPC), sentencing him to nine months’ imprisonment with an option of a N50,000 fine.

The conviction followed an eight-year prosecution by the ICPC, which arraigned Onadeko in 2017 on an 11-count amended charge over the alleged award and execution of contracts worth N68.7 million.

The anti-graft agency alleged that while serving as a Senior Legislative Aide to the late Senator Buruji Kashamu between 2015 and 2019, Onadeko used two private firms—Stanton Engineering Limited and Haines and Baines Limited—to execute constituency projects, including the procurement of ambulances, hospital equipment and drugs for primary healthcare centres, and the construction of classrooms in six communities across Ogun East Senatorial District.

According to the ICPC, the defendant simultaneously held management positions in the companies that benefited from the contracts, an arrangement it argued contravened Sections 12 and 19 of the Corrupt Practices and Other Related Offences Act, 2000.

The Commission also accused Onadeko of making contradictory statements regarding his role in Haines and Baines Limited, alleging that he swore in a 2016 affidavit that he was a director of the company but later denied being either a shareholder or director during ICPC investigations in 2017.

During the trial, the defence argued that Onadeko could not be prosecuted under the relevant provisions of the ICPC Act because his appointment as a legislative aide was temporary, non-pensionable and therefore did not qualify him as a public officer.

Justice Oji rejected the argument, relying on Onadeko’s letter of appointment and the Supreme Court’s decision in the case of Federal Government of Nigeria v. Farouk Lawan. The court held that legislative aides are public officers within the meaning of the ICPC Act and are liable for prosecution for abuse of office.

While the court discharged and acquitted Onadeko on eight of the eleven counts, it convicted him on Count 11 for making inconsistent statements.

The ruling is expected to have wider implications for anti-corruption enforcement, as it establishes that Personal Assistants, Special Assistants, Senior Special Assistants, Legislative Aides, Senior Legislative Aides and similar political appointees who receive salaries, allowances or other emoluments from public funds are public officers under the ICPC Act, irrespective of whether their appointments are temporary, fixed-term or non-pensionable.

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