The presiding judge in the trial of former governor of Nazarawa state, Alhaji Abdulahi Adamu, Justice Marcel Awokulehin, on Tuesday, April 27, 2010, voluntarily  withdrew from presiding over the N15 billion fraud case instituted against  Adamu and 18 others by the Economic and Financial Crimes Commission, EFCC, citing personal reasons and conformity with his conscience. Accordingly, Awokulehin said he would return the case file to the Chief Registrar of the Federal High Court who would re-assign the case to another judge.

Addressing the court while ruling on whether or not the accused persons  should continue to enjoy their bail as granted by the former judge, Justice Ibrahim N. Buba, Awokulehin said he had been too scandalized in the media and in the court of public opinion “to the extent that the history of James Ibori can not be complete without the mention of Awokulehin neither can the history of Awokulehin be completed without the mention of James Ibori”.

According to him, “For those of you who don’t know Justice Marcel Awokulehin, you have the privilege of meeting him today. It has been reported that I am on transfer to the Federal High Court Lafia, Nasarawa state,  so that I can quash the charges against ex-governor Abdulahi Adamu just like I did in the case of James Ibori in Delta state, but I want to state that I am not a judge who will go outside the evidence adduced in court to jail an accused by all means because the complainant wants the accused jailed”.

He said withdrawing from the case is to avoid any scandal that may emanate in the course of presiding over the case.

Prosecution counsel, Adeniyi Akintola, SAN, told the judge that he had no objection to his withdrawal from the case in as much as his decision to withdraw from the case “is because you must obey the dictates of your conscience especially arising from the Ibori’s case. Your decision is acceptable by me but I want to use this oppourtunity to point out that when it comes to the issue of fighting corruption in Nigeria , all hands, including those of the Judges, must be on deck”.

He said that since no one, including Judges,  lives in Utopia, “it behooves on Judges to also apply common sense and not depend wholly on evidence in prosecuting corruption cases.” “For instance, why would a Judge refuse to accept computer print-out of a bank statement which the prosecution has availed the court and which can be verified by the bank, in the prosecution of a fraud case?”,  he queried.

Earlier, Adetunji Oyeyipo, counsel to the accused persons applied for bail “since all the accused persons are still enjoying bail granted by Justice Ibrahim Buba. Bail is continuous, except the prosecution has special circumstances to object the bail”.

He told the court that the accused persons had also filed a motion to quash the charges against them, “ since the government and people of Nasarawa state whose money is the issue at stake have not complained of any missing or misappropriated fund by the ex- governor Adamu’s government.”  He also told the court that taking of plea as canvassed by the prosecution counsel was pre-mature, considering the fact that a motion seeking to quash the charges against the accused was before the court. “It will be in the interest of justice to hear the motion before taking of plea”, he submitted.

But prosecution counsel, Akintola, SAN, said that the applications of all the accused persons are full of misconception. Citing Section 167 of the Criminal Procedure Act, CPA, he said that any objection to the charges against the accused shall be taken after the charges have been read. “As to the application for bail, this is a trial before a new Judge. I object to the continuation of bail on the same conditions as granted by Justice Buba”.

Even though he had announced his intention to withdraw from the case, Justice Awokulehin nevertheless granted the relief of the defence counsel. His words, “It will be a deficit to justice to revoke the bail granted the accused by the EFCC and also Justice Ibrahim Buba. From records available, even the complainant granted bail to the accused persons.”

It will be recalled that Justice Buba before his transfer to Asaba had granted the accused persons bail in the sum of N500 million each and two sureties  who must have landed properties within the jurisdiction of the court; and who will guarantee that the accused would not frustrate the diligent prosecution of the case against them.

The EFCC, on March 3, 2010, arraigned former Governor of Nasarawa State, Alhaji Abdullahi Adamu alongside 18 others on a 149 count charge.

The accused persons were arraigned at the Federal High Court, Lafia, Nasarawa state, before Justice I.M. Buba for allegedly looting the state treasury to the tune of about N15 Billion during Adamu’s eight year reign as governor of the state.

Others arraigned alongside the former governor were: Alhaji Halilu Bala Usman, Alhaji Usman Aboki, Prince Nicholas Ukachukwu, Prince and Princess Limited, Jonabel Engineering Nigeria Limited, JCC International, Mbani Construction Company Limited, Shinco Nigeria Limited, Henry N Nick Associates Limited, Water Search Nigeria, Sneccu Group of Companies, Nicas Industry Limited, Addais Nig Limited, Faslan Ventures Limited, Yoojin Nigeria, Kiagama Con Limited, Sharafa Bros Nig and Riok International

Count one of the 149 count charge reads: “That you Alhaji Adamu Abdulahi whilst being the governor of Nasarawa State and Alhaji Aliyu Bala Usman, whilst being the Commissioner for Local Government and Chieftaincy Affairs in Nasarawa State between May 1999 and May 2007 and 2002 to 2007 respectively, within the jurisdiction of this honourable Court, agreed to do or to cause to be done an illegal act to wit, authorized directly, effect or procure the withdrawal of the sum of N2, 456,000,000.00 in 36 months from the State Local Government Joint Account for a purpose and in a manner not authorized by law and that the same act was punishable under Section 516 of the Criminal Code Act.”