|
Trial of ex Gov Abdullahi : Judge Fails To Sit For The Fourth
Consecutive Time
Newsdiaryonline Thur Dec 1,2011
Adamu
Proceedings
at a Federal High Court, Lafia, Nasarawa state, were again
stalled on Wednesday,
November 30th, 2011, when the presiding judge,Justice David
Okorowa failed to sit for the fourth consecutive time in the
case instituted by the
Economic and Financial Crimes Commission, EFCC, against a former
governor of Nasarawa State, Alhaji Abdullahi Adamu and 12
others. Adamu and his
co-accused persons are standing trial over a 170
count charge of
corruption and financial embezzlement to the tune of N15
billion.
Twelve others being prosecuted alongside Adamu by the EFCC are:
Engr. Baba Gbewfi,
Alhaji Halilu Bala Usman, Prince Nicholas Ukachukwu, chairman,
Sneccu Group of
Companies, Ovey Bala Angbaso, John Mamman, Ifeanyi
Ezekweli, M. D Ciez
Pharmacy Limited, Mr. Chukwuma Okoronkwo, Nosa Idehen,
M.D Jonabel Construction
Company, Henry N Nick Associates Limited, owned
by Prince Nicholas
Ukachukwu and others, Niccus Industries Limited, owned
by Prince Nicholas
Ukachukwu as well as Prince and Princess Limited.
The serial adjournment started on May 24th, 2011when the case
was adjourned till July
19th, 2011 without sufficient reason. After a long
wait on July 19th, the
Judge sent a message that pre-election matters
would not allow him to
attend to the case. Again, the case was adjourned
till September 28th,
2011. On September 28th, 2011, the judge again failed
and no reason was given
for his absence. That was when the case was
adjourned till November
30th and December 1st , 2011 for continuation of hearing.
Incidentally, all the accused persons were also not in court, as
a staff of the court
said he was informed by one of the aides of the former
governor, Abdullahi
Adamu, twenty-four hours earlier, that the case would
not go on. “While we
were preparing for the case yesterday, I got a call
from one of the aides to
the key accused person that the case will not
hold. I am sure that is
why they are not in court”, a court staff
disclosed.
It would be recalled that the EFCC on March 3rd, 2011, filed a
15 paragraph counter-
affidavit opposing the application for stay of
proceedings filed by the
ex-governor. This
was consequent upon the dismissal,
on January 19, 2011, of an application brought before it by the
ex-governor, seeking for
the quashing of the case against him. The judge
had ruled that the
accused persons have a case to answer.
On March 3rd , 2011, Adamu and four others, through their
counsels, Abdullahi Ibrahim,
Dr. M.E. Ediru and Onyechi Ikpeazu, SAN, filed
applications for stay of
proceeding on the ground that a notice of appeal
in respect of the last
ruling had been filed at the Court of Appeal.
But in a quick response, the EFCC, through its counsel, Adeniyi
Akintola, SAN, filed a
15 paragraph counter- affidavit praying the court to
discountenance the
application for stay of proceedings saying it was
brought to waste the
time of the court and to delay the prosecution of
charges against the
ex-governor. The affidavit was sworn to by Barrister
Christopher Emeka Izima
The EFCC further told the court that the criminal charges
preferred against the
ex-governor and twelve others were heavy and weighty and
bordered on stealing and
misappropriation of public funds. “It is submitted most humbly
that these are charges that must be dealt with
expeditiously and
summarily and not ones which should be unnecessarily
delayed or prolonged, if
indeed we are
serious about dealing with, and discouraging corruption in our
system”, Akintola said.
Citing the case of Jolly Tanko Nyame V Federal Republic of
Nigeria, the prosecution counsel further argued that the Supreme
Court of Nigeria frowns at the usual practice of filing
unnecessary
interlocutory applications in criminal matters in order to delay
trials. “A stay of proceedings must not be granted, if it will
unnecessarily delay the proceedings”
The EFCC added that the applicants have not shown that the
continuation of the proceedings by the court would be
unreasonable and urged it not to stay proceedings in this
criminal trial. “The applicant has not even compiled the Record
of Appeal. All he wants is a stay and he will thereafter
go to sleep,” Akintola noted.
The prosecution further argued that one year after the
arraignment of the accused persons, their pleas are yet to be
taken. Adamu and other accused persons were first arraigned at
the Federal High Court, Lafia, Nasarawa state, on March 10, 2010
before Justice Ibrahim Buba.
Buba was later transferred to Asaba and replaced with
Justice Marcel Awokulehin who declined to hear the case. The
accused persons were later re-arraigned on Okorowa who has now
ruled that trial should commence. The case has been adjourned
till January 23 to 27, 2012 for continuation of hearing.
Th
This is the document referred to in the Witness
Statement on Oath of Clifford O. Kokogho as
“Exhibit
COK.2”
|
