A Federal High Court in Abuja will on February 9, 2010 determine whether to issue a bench warrant against former minister of the Federal Capital Territory, Mallam Nasir El-Rufai

The court presided over by Justice Adamu Bello would also be ruling on the next adjourned date whether charges preferred against El- Rufai was in order or otherwise.The Commission had in December 2008 declared the former minister wanted .

At the resumed hearing today, December 8, of the case filed against the former minister prosecution counsel, Adebayo  Adelodun, SAN, prayed the court to issue bench warrant against El-Rufai for repeatedly failing to appear before the court to defend himself on eight count charge bordering on conspiracy and abuse of office preferred against him by the Economic and Financial Crimes Commission, EFCC.

Two other accused persons, Altine Jubrin, former Director -General Abuja Geographical Information System, AGIS, and Ismailia Iro, former General Manager, AGIS, were in court today when the case came up.

In his response to EFCC consel’s prayer , defence lawyer, Akin Olujimi, SAN, prayed the court to dismiss the application filed by the anti- graft agency which seeks to compel the former minister to make himself available for trial.

Olujimi had told the court that he had filed a written application after the prosecution reacted to his former affidavit. He is asking the court that since the substituted leave was granted, the application was not and is still not within the territorial area of the courts’ jurisdiction. He said that the accused person was in the United States of America , USA , and subsequently moved to United Kingdom . “All these are not within the jurisdiction of this court”, the SAN told the court.

He further explained that the process to compel the accused in a criminal matter is a summon and not a charge under the Criminal Procedure Act, CPA. He therefore prayed that the court should grant his application.

However, counsel to EFCC, Adelodun, SAN, in his own submission stated that the application brought forward by the defence counsel should be dismissed since the defence counsel had earlier adopted the17 paragraph counter affidavit with addresses.

According to him, “the accused person decides to be slippery, jumping from one country to the other, trying to take advantage of some allowance in the law to avoid coming to court to answer the charges against him. He is aware that there are charges leveled against him. If he has no skeleton in his cupboard, let him come over to Nigeria and answer his case.”

“My lord, it is not a law for an accused person to commit an offence and get away with the immunity of travelling abroad”, the prosecution added. He further told the court that  summons are used in the magistrate court service while the High Court institutes charges.

He supported his position by quoting copiously from sections 81 to 89 of the CPA. He then prayed  the court to grant warrant of arrest if the accused failed to come over to Nigeria and answer the charges leveled against him at the next adjourned date.

After hearing both counsel, presiding Judge, Justice Adamu Bello, fixed  February 9, 2010, for ruling on the matter.

Femi Babafemi

Head, Media & Publicity

8/12/09