A court in Yola, Adamawa State has vacated an earlier bench warrant for the immediate arrest of the Chairman of Demsa Local Government Area, Elkanah Kados Fwa, over an alleged contract scam worth N4.2 million.
One Abubakar Abdullahi had dragged Mr. Kados to the Upper Area Court II, claiming the council owed him N4.2 million for a contract.
Abdullahi told the court that he was engaged by the former chairman of the local government council, Eldon Danjuma, to construct a block of 2 classrooms and an office at the sum of N4.2 million at Kpacham.
The complainant said he secured the contract through the Ministry of Local Government and Chieftaincy Affairs sometime in November 2019, with an agreement that the contract sum would be paid to him at the end of November 2019 by the council.
He narrated that he borrowed money and successfully executed the contract as agreed, expecting that he would get his money at the end of the month.
But to his dismay, according to him, the ex-Chairman failed to honour the agreement.
According to him, despite the efforts of the member representing Demsa constituency, Hon. Kate Raymond Mamuno, who personally intervened and wrote an undertaking for and on behalf of the Chairman on November 18, 2021 that the money would be paid, the money was not paid.
The conduct of the council boss, according to the complainant, amounts to a breach of trust, cheating, criminal misappropriation and contempt of court under sections 302, 312, 101 and 299 of the penal code law, 2018.
Reacting to the issues, Mamumo denied that she has any personal interest in the said contract.
However, she admitted signing an undertaking before the magistrate for the payment to be made.
On his part, the chairman dismissed her explanation with a wave of hand, asking why she involved herself in the matter in the first place.
The Chairman also dismissed insinuations that the delay in payment was political. He stressed that the bureaucratic process delayed the payment and that the contractor had yet to finish the project.
However, after hearing from both parties, Justice Daniel ruled that Mr. Kados was not liable as claimed. He, therefore, dismissed the case and absolved Kados of any wrongdoing.