Ilorin — There was a mild drama at the Ilorin High Court at the weekend, when a senior counsel to the Independent Corrupt Practices Commission (ICPC), Mr. Ibrahim Garba told the court that, the commission was no longer interested in pursuing the case against the former Vice Chancellor of University Of Ilorin (UNILORIN), Prof. Shuaib AbdulRaheem over his alleged use of university funds to construct a bore-hole, worth N126, 909.50 at his private residence while serving as the Chief Executive of the university.

The counsel said that the commission's 'hands were tied' in the matter, which compelled it to withdraw the case.

The former Vice Chancellor had been dragged before the court by the ICPC on a two-count charge of allegedly using the university's money to construct the said borehole at with the aid of a staff of the Kwara State Water Corporation.

But when the case was to be mentioned last week, Garba told the court he had the directive of the ICPC Chairman, Justice Emmanuel Ayoola to withdraw the case, prompting the presiding judge, Justice Maria Folayan to ask questions on the proper procedure for withdrawing from a criminal case, before she eventually agreed to the request.

Garba said that. "I have the directive of the ICPC Chairman to apply to this court for the withdrawal of this case", adding, "there are issues to be sorted out on the matter'.

But the presiding Judge queried the rationale behind the withdrawal. "Is that a proper way of withdrawing a criminal case? If you don't have a case against the man the proper thing is to enter a nolle prosecui. Is the Court now subject to ICPC? Instead of bringing your witnesses and defence witnesses, you just come here to say you are withdrawing the case based on a directive from your chairman. Your chairman is not the chairman of this court. I expected to see the accused this morning and listen to your witnesses."

The court however agreed to Garba's demand although it noted that the office of the Attorney General of the Federation which is empowered by the ICPC Act to charge accused persons to Court, should have initiated the process. The ICPC Counsel had told the court that the power of the Attorney General is deemed to be exercisable by the ICPC Chairman under Section 26(2) and 61(1) of the ICPC Act 2000.

Justice Folayan however warned the Commission that it must satisfy the court with the credibility of its new findings in the case before the accused could be re-arraigned before the court. The judge noted that it would be unfair to allow a citizen to be picked up and arraigned just anyhow by the Commission.