Justice
Babatunde Quadri of a Federal High Court, Abuja, has adjourned the trial
of Nicholas Ashinze, a former special assistant to
then National Security Adviser, Col. Sambo Dasuki (retd); an Austrian, Wolfgang
Reinl; Edidiong Idiong and Sagir D. Mohammed to February 20, 2019.
They are facing a
13-count charge of corruption and money laundering to the tune of N3.6billion.
At today's sitting,
prosecuting counsel, Offem
Uket had sought to tender some documents in court through the first witness,
Remigus Ugwu.
Ugwu, a compliance officer with Zenith Bank PLC,
Maitama, Abuja branch narrated how the respondent via a subpoena was directed
to respond to enquiries by EFCC sometimes in 2017.
However, defence counsel, Ernest Nwoye objected to
the subpoena, which he argued was previously issued by Justice
Gabriel Kolawole who was presiding over the matter and so "was part of the
legal proceedings formerly nullified".
He said: "The witness in the witness stand was
part of the terminated proceedings before Justice Kolawole and in my humble
submission surrounding this criminal case, matters have to start afresh
therefore the prosecution cannot take part of the previous proceedings today.
"All applications have to start de novo before
your lordship. Even the bail application was reapplied for on June 1, 2018
before this honourable court and we did not take advantage and the plea was
taken afresh alongside three others."
Citing a Supreme Court ruling, he further argued
that "if the witness wants to tender documents, he can, but that cannot
make him a witness under oath as we are unaware of the subpoena
tendered."
While requesting for an adjournment, Uket, told the
Court that the subpoena will be duly served.
Justice Quadri, thereafter, ruled that fresh
applications for the subpoena be served and "copies given to all the
defence counsel in order to bring the counsel up to speed with the legal
proceedings".
In view of the issues raised, the trial judge
adjourned the case to February 20 and 21, 2019 for both parties to do the
needful and for commencement of trial.
No comments:
Post a Comment