…. _declares Legislative Aides are Public Officers_
Independent Corrupt Practices and Other Related Offences Commission (ICPC) has secured the conviction of a former member of the Federal House of Representatives, Hon. Onamusi Onadeko.
Onadeko, who represented Ogun East Federal Constituency from 1999 to 2003, was in the year 2017 charged to court by the ICPC over his alleged involvement in the award and execution of a N68.7 million contract.
The ICPC had in the 11-count amended charge accused the convict of using his private companies, Stanton Engineering Limited and Haines and Baines Limited, to execute several constituency projects while working as a Senior Legislative Aide to late Senator Buruji Kashamu, who represented Ogun East Senatorial District between 2015-2019.
The Commission, had in the course of the eight years trial told the court that several contracts like buying of ambulance vehicles, supply of hospital equipment and drugs for Primary Health Centres, as well as construction of classrooms for some selected schools in six communities of Ogun East Senatorial District, were awarded to both Stanton Engineering Limited and Haines and Baines, where the Senior Legislative Aide doubles as a Managing Director and nominal Director respectively, an action that violates Sections 12 and 19 of the Corrupt Practices and Other Related Offences Act, 2000.
ICPC also accused Onadeko of making an inconsistent statement that contradicted the one previously made to the Commissioner for Oaths, where he stated that he is a Director of Haines and Baines Limited in an affidavit dated 30th June, 20216, but subsequently wrote another statement while under investigati
on on 5th May, 2017 that he is not a shareholder or Director of Haines and Baines Limited. This action violates Section 25(1)(b) of the ICPC Act and, upon conviction, is liable to a fine not exceeding one hundred thousand naira or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.
However, Hon. Onadeko, through his Counsel, Wahab Olatoyebi argued in the course of the trial that his client was not a public officer as his appointment at that material time was on a short-term basis and non-pensionable, hence he, (Onadeko) did not fall within the category of those that could be tried under Sections 12 and 19 of the Corrupt Practices and Other Related Offences Act, 2000 which criminalize and punish abuse of office by public officers.
Delivering judgment on Thursday, 30th July, 2026, Honourable Justice Chizoba Oji of the Federal Capital Territory High Court rejected the defence’s argument. Relying on the defendant’s letter of appointment as well as the decision of the Supreme Court in the case of Federal Government of Nigeria v. Farouk Lawan, the court held that legislative aides are public officers and therefore could be prosecuted under the relevant provisions of the Corrupt Practices and Other Related Offences Act, 2000.
The court also found Hon. Onadeko guilty on Count 11 for making inconsistent statements but discharged and acquitted the defendant on Counts 2, 3, 4, 6, 7, 8, 9 and 10.
Following allocutus by defence counsel, Justice Oji sentenced the convict to nine months’ imprisonment with an option of a fine of ₦50,000.
This significant judgement has therefore affirmed that Personal Assistants (PAs), Special Assistants (SAs), Senior Special Assistants (SSAs), Legislative Aides (LAs), Senior Legislative Aides (SLAs), and other similar appointees to public office holders, who receive salaries, allowances, or other emoluments from public funds, qualify as public officers within the meaning of the ICPC Act, 2000.
The court further held that this position applies notwithstanding that such appointments may be temporary, fixed-term, or non-pensionable.
