The Economic and Financial Crimes
Commission, EFCC, has expressed displeasure over the non-appearance of a former
Governor of Enugu State, Chimaroke Nnamani at the resumption of his trial on Tuesday,
May 28, 2013 before Justice Mohammed Yunusa of the Federal High Court, Lagos.
The Commission through its counsel,
K.C Nzozuie said the ex-governor’s absence was part of the ploy to frustrate
his trial. Nzozuie said the case which started in 2007 has suffered set
back because of Nnamani’s ceaseless prayers for medical leave which he would
prolong by bringing various excuses before the court.
Justice Yunusa in an earlier ruling on
April 17, 2013 on an application for overseas medical treatment by the former
governor, agreed that Nnamani could travel abroad to treat his ailment but
added that he must return to the country before the next adjourned date. The
judge also ordered him to file a notice of return to the court as soon as he
gets back to the country and return his international passport to the court.
However, at the resumed trial on Tuesday, Nnamani was not in court.
Counsel to Nnamani, Abubakar Shamsudeen
told the court that his client couldn’t make it because he has not fully recuperated
from the heart surgery he underwent at the United States of America.
Shamsudeen, while apologizing on behalf of his client, added that Nnamani
obtained a medical report from his doctors that he will need additional ninety
days (90) to fully recover. He concluded by asking the court to grant his
client more time as stated by the report. He thereafter sought the leave of
court to tender the medical report before it.
But Nzozuie
faulted the medical report presented before the court saying that the report
did not state that the former governor was on admission neither did it state
the number of days for which he will be under observation as claimed by the
defense counsel. He urged the court to discountenance the defense
counsel’s application and issue a bench warrant on Nnamani.
“My Lord, the letter has not changed from
the previous ones presented by the defense. He has not been coming to court
owing to one excuse or the other. This matter started in 2007 and based on one
application or the other by the first defendant, we have had to take long
adjournments in this matter. The conduct of the first defendant is aimed at
delaying the trial, I urge your Lordship to discountenance the application and
issue a bench warrant on the defendant. If he fails to appear we would be
forced to ask the court to vary the condition for bail granted to him.” Nzozuie
said.
After listening to arguments from both
counsel, Justice Yunusa ruled that the medical report was just a letter
addressed to the court. He said based on section 55 of the Evidence Act, the
medical report should come in form of a medical certificate duly signed by a
Federal or State government official from a certified government
hospital. He said that Nnamani will be granted more time to appear, failure
of which the law will take its full course. He then adjourned the case to
September 25, 2013 for commencement of trial.
Nnamani, who was first arraigned before
Justice Tijani Abubakar, was re-arraigned before Justice Mohammed Yinusa on charges
of money laundering and economic crime to the tune of about N4.5 billion.
The case which clearly reveals some of the
challenges faced by the EFCC in the prosecution of its cases was first
re-assigned to Justice Charles Archibong following the transfer of Justice
Abubakar (now of the Appeal Court) out of the Lagos division of the Federal
High Court.
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