The
re-arraignment of Sule
Lamido, a former governor of Jigawa State, and others by the Economic
and
Financial Crimes Commission, EFCC, before Justice Babatunde O. Quadri of
the
Federal High Court, Maitama, Abuja was on April 26, 2017 stalled with
fresh
motions by Lamido's counsel, Joe Agi, SAN, who is seeking the return of
the case to the former trial judge, Justice Adeniyi Ademola.
The prosecution had after the
arraignment of Lamido alongside his sons: Aminu Sule Lamido; Mustapha Sule
Lamido; Aminu Wada Abubakar and their companies, Bamaina Holdings Limited and
Speeds International Limited, in 2015, called 18 witnesses in support of its
claim against the defendants.
However, further hearing on the case
was stalled following the suspension of t Justice Ademola, by the National Judicial Council, NJC, for alleged breach of
professional ethics.
Consequently, the case was reassigned
to Justice Quadri and trial had to start de novo.
However, the re-arraignment of the defendants
slated for Tuesday, April 11, 2017, could not go on as planned following an
application by Agi urging the Chief Judge of
Nigeria, CJN, to return the case to Justice Ademola following his acquittal by
Justice Jude Okeke on the corruption charges preferred against him by the
federal government.
Agi argued that it was in the
interest of justice and fair hearing to hear his application, which was brought
pursuant to Section 98 of the Administration of Criminal Justice Act, 2015.
“My Lord, justice and fair hearing,
according to our constitution includes the determination of rights within a reasonable
time. The matter commenced two years ago, in 2015. The prosecution had
already called 18 witnesses. It would be most unfair and bring undue hardship
to the defendants for the matter to begin again and take another two years.
Therefore, we humbly apply that your Lordship exercise your power by referring
the matter back to the Chief Justice of Nigeria, CJN, for reassignment to
Honourable Justice Ademola for conclusion of hearing”, Agi pleaded.
At this point, Justice Quadri confirmed
the receipt of a copy of the letter addressed to the CJN applying for
reassignment of the case and showed same to the prosecution.
M.S. Abubakar, counsel to EFCC,
opposed the application arguing that the defense ambushed them by not putting
them on notice, after applying to the CJN.
Both counsels subsequently agreed to
return on Wednesday, April 26, 2017 for further mention pending further directive from the
CJN.
At resumed hearing, Agi
notified the court of his intention to file another motion challenging the
power of the CJN to transfer the matter to Justice Quadri for hearing.
Citing Section 98 of the ACJA 2015,
Agi argued that, “The CJN does not have the power to transfer a criminal matter
in which witnesses have already been called. At the time I wrote to the CJN, I
had not taken consideration of this provision. This is no longer an
administrative matter. The law says he cannot do what he has done in this case
and it is my duty to bring this to the notice of the court.”
Responding, Abubakar submitted that
the motion made does not qualify as a legal submission. He stated that the seal
on the document expired on March 31, 2017, thereby rendering the document
invalid.
He urged the court to proceed with
the arraignment pending further directives by the CJN.
Justice Quadri, thereafter, adjourned
to Wednesday May 3, 2017 for hearing on the application.
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