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N4.bn Scam: Supreme Court Strikes Out Ex-Gov Audu’s Application
Newsdiaryonline Mon Dec 12,2011
Audu
The Supreme Court of Nigeria, SCN, has struck out an application
for stay of proceedings
before a High Court of Kogi State filed by the
ex-governor,
Prince Abubakar Audu who is being prosecuted by the
Economic and Financial
Crimes Commission, EFCC, over embezzlement of public funds.
The ex-governor,
through his counsel, Mike Ozekhome, SAN, had on January
24, 2011, filed before
the Supreme Court, an application for stay of
proceedings at the lower
court pending the final determination of the
substantive suit which
is before the apex court.
Five justices, including the Chief Justice of Nigeria, Justice
Dahiru Musdapher, took
the decision to strike out the application on November 16,
2011, while sitting in
Chambers. The other four justices are: Walter
Samuel Nkanu Onnoghen,
John Afolabi Afibiyi, Olufunlola Oyelola Adekeye
and Mary Peter Odili
Audu was originally
arraigned on an 80 count charge of fraud and
embezzlement of public
funds to the tune of over N4 billion while he was
governor of Kogi state
between 1999 and 2003. The charges which were filed
on November 30, 2006 had
suffered several setbacks.
At the resumed hearing of the case in Lokoja on December 9,
2011, the one page
ruling of the Supreme Court which was certified by Muhammed B.A.
Nyako was presented
before presiding Justice Saidu Tanko Husseini of the High Court
of Kogi State. It was to clear the barricade that had
characterized the
proceedings of the corruption case that commenced since
2006.
But immediately the
attention of the court was drawn by the prosecution
counsel, Rotimi Jacobs
to the ruling, Ozekhome, SAN, jumped up and expressed shock at
the one page ruling, telling the court that the one page
document could be another forgery and should not be admitted by
the court.
He said all through his years as a lawyer, he had never seen or
heard where justices of the Supreme Court would sit and take
decision on a case when the counsels were not present.
Prosecution counsel,
Jacobs however explained that such an outburst from an SAN is a
serious indictment on his person and his practice. “What my
learned silk is saying is that I forged a Supreme Court document
and present same before
your Lordship, my Lord, and then I stand to lose my practice
licence. This is a very grievous allegation which I will urge my
Lordship not to take lightly”, Jacobs said.
After listening to all the arguments, Justice Husseini said he
was going to adjourn the case by one week to enable the defence
counsel verify the authenticity or otherwise of the Supreme
Court ruling. He then adjourned till December 22, 2011, for
continuation of hearing.
When the case came up on October 6, 2011, prosecution counsel,
Rotimi Jacobs argued that the attempt of Audu to resort to the
appellant court when there was no need for that was to lay
foundation for the delay of the prosecution of the charges
against him as he argued further that trial in a criminal matter
must be done within a reasonable time.
According to Jacobs,
“Section 40 of the EFCC Establishment Act clearly
states that subject to
the provisions of the Constitution of Federal Republic of
Nigeria 1999, an application for stay of proceedings in
respect of any criminal
matter brought by the Commission before the High Court shall not
be entertained until judgment is delivered by the high Court”.
Leading the defence
team, Mike Ozekhome, SAN, had asked the court to adjourn the
matter sine-die since the case is before the Supreme Court. He
further argued that the issue of appeal is a constitutional
right of the accused.
Count one of the 80 count charge against Audu reads “that you,
Prince Abubakar Audu on or about 6th day of Feb 2001 at Kogi
State Judicial Division
by false pretence and with intent to fraud obtained from Kogi
State Directorate of Rural Development, the sum of N6, 263.000
purporting same to be part payment made to Leo Flinch Nig. Ltd
in respect of a contract allegedly awarded by Kogi State
Directorate of Rural Development to the said Leo Flinch Nig. Ltd
and you thereby committed an offence punishable under section 1
(3) of the Advance Fee fraud and other related
offences Act 13 of 1995
as amended by Act No 62 of 1999.
Th
This is the document referred to in the Witness
Statement on Oath of Clifford O. Kokogho as
“Exhibit
COK.2”
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