Justice Gabriel Kolawole of the
Federal High Court, Abuja has lambasted the Economic and Financial Crimes
Commission (EFCC) over display of gross misconduct in the prosecution of an
alleged N3.1B corruption case.
The Judge who accused the EFCC of
frustrating proceedings in the trial and attempting to take over control of
court withdrew from the EFCC case and returned its file to the Chief Judge of
the Court, Justice Abdul Adamu Kafarati for re-assignment to another court.
The trial involving a serving
Colonel in the Nigerian Army, Nicholas Ashinze and five others ran into storm
during the cross examination of an EFCC operative, Mr. Hassan Sheidu.
Counsel to Army Officer, Mr.
Ernest Nwoye had asked the EFCC operative who conducted investigation into the
case to confirm to the court, if the name of Nicholas Ashinze appeared in any
of the transactions relating to the N3.1B water project contract and which he
answered negatively.
Nwoye also asked the EFCC witness
to confirm to the court whether the contract was initiated by the office of the
National Security Adviser where the Army Officer served or the Federal Ministry
of Water Resources and which he answered in favor of the latter.
Trouble began when another question
on whether the NSA office was responsible for payment of the contract and
whether the office of Secretary to the Government of the Federation (SGF) and
the Central Bank of Nigeria (CBN) which effected payment ever declared the
water contract illegal or fraudulent and which he answered in the negative.
Nwoye then asked the EFCC witness
to tell the court why the name of Nicholas Asinze was put on the charge sheet.
Counsel to EFCC Mr. Ofem Uket
became uncomfortable with the cross examination and began interjecting into the
proceedings persistently.
Efforts by the Judge and other
lawyers that the cross examination be allowed unhindered were rebuffed as the
counsel objected to virtually all the questions put to his witness.
In the face off that ensued, Justice
Kolawole attempted to call EFCC to order but the effort yielded no fruitful
result while other lawyers expressed bitterness on the issue.
The interjection got to the
climax when the counsel openly challenged the court records which were
severally read out to him by Judge to assuage his feelings.
However, when all effort to call
the counsel to order to stop the interjection were rebuffed, Justice Kolawole
informed the counsel to conduct himself in manners expected of a legal
practitioner which still yet yielded no fruitful result.
At a point, the Judge said he
could no longer condone the conduct of EFCC in the trial and announced his
withdrawal from the case.
Justice Kolawole accused the
anti-graft agency of frustrating his court and desperately seeking to take over
control of the court from him against the normal practice.
He said that it was the duty of
the court to allow a witness in a criminal trial to be cross examined with
questions contemplated by law adding that the display of apprehension by EFCC
was unjust and un-called for.
The Judge while lambasting the
EFCC for taking the court, laws and the best practice for granted counseled the
commission to always put its house in order before rushing to court for trial
adding that Justice was not for a particular side.
He therefore opted out of the
case and returned the file to the Chief Judge for re-assignment to another
judge.
Justice Kolawole had on March 21,
2017 stopped the trial of the defendants in the case when the EFCC in a press
statement quoted the court proceedings upside with claims that the defendants
were indicted for N36B contract fraud and put on trial before the court.
The press statement which was
widely published in the newspapers drew the anger of a Senior Advocate of
Nigeria SAN, Mr. Paul Erokoro who insisted that the EFCC statement was capable
of misleading the general public.
The senior lawyer drew the
attention of the court to the 13 court charge against the defendants involving
N3.1B and not N36B and demanded that the court call the EFCC to order in the
media trial of the defendants.
EFCC counsel Mr. Ofem Uket had
denied granting press interview but however admitted that the offending press
statement emanated from the media unit of EFCC.
In his ruling then, Justice
Kolawole condemned the EFCC for conducting two trial for the defendants in the
media and his court.
The Judge said that it was wrong
of the EFCC to have claimed that the defendants were indicted for N36B alleged
fraud when such a bogus figure was not contained in the charge adding that such
press statement will prejudice fair trial of the defendants.
The trial however, resumed when
the offending newspaper publications were retracted by the EFCC and apologies
tendered to the court.
Other defendants in the case are
Sadiq Mohammed, a foreigner A.C Wolfang and a lawyer Mr. Edidion Edidion.
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