Drama as judge, SAN argue over alleged ruling alteration, rudeness…
The Special Offences Court, in Ikeja, Lagos, yesterday, declined an application by the Lagos State Attorney General, Lawal Pedro, to completely halt the trial of Olalekan Abdul and another person, being prosecuted by Economic and Financial Crimes Commission, EFCC, for alleged N1.35 billion fraud.
Justice Mojisola Dada discharged the duo of the 20 counts filed against them by the state but ordered the continuation of their trial on five related counts simultaneously filed against them by the EFCC.
A mild drama ensued in the process, leading to the judge accusing the defence counsel of disrespecting the court and the lawyer maintaining his innocence.
The matter was adjourned to October 31, 2024 for continuation of trial.
The AG had filed for discontinuance after an earlier move to take over its prosecution failed. The court had also earlier ruled that the defendants had a case to answer, and that the prosecutor could prosecute the defendants.
The anti-graft agency filed in December 2019, a 26-count conspiracy, forgery, and stealing charge against the defendants. They were arraigned on January 29, 2020.
It alleged that the defendants conspired with Adeyinka Adewole and Morakinyo Bolanle, at large, to obtain N350 million, and N1 billion from Wema Bank under false pretences.
The defendants, one of them former Managing Director of Cleanserve, pleaded not guilty and were granted bail.
The matter resumed, yesterday, for the ruling on the notice of preliminary objection by the prosecution concerning the notice of discontinuance filed by the AG. It relied on Section 211 of the Constitution for discontinuing both state and Federal offences before the court.
Franklin Oforma appeared for the prosecution, Jonathan Ogunsanya for the AG of Lagos State, Adeyinka Olumide-Fusika, SAN, appeared for the 1st defendant while A. Abdulrasaq represented the 2nd defendant.
The second defendant’s counsel informed the court that the learned Silk, Dr. Muiz Banire was ill and on his way.
Reading her ruling, Justice Dada discharged the 1st and 2nd defendants on all 20 out of the 26 counts brought against them under the laws of Lagos State relying on sections 211 of the 1999 constitution.
Nevertheless, the judge ruled that the defendants should continue their defence in the remaining six-count charge brought against them under the Advance Fee Fraud Act and EFCC Act.
Mr. Olumide-Fusika asked that the case be stood down for 30 minutes. Afterwards, he attempted to make an oral application for his client to be acquitted, but the judge declined.
A mild drama ensued in the process, leading to the judge accusing Olumide of being “lousy” and “rude” and the SAN denied the allegation and maintaining his stand.
Olumide-Fusika: “At least it will be on record that I made the applications.
Judge: “I’ll consider it in the final judgment.”
Olumide-Fusika: “No, I’m making the application now.”
Judge: “Ehn let it be there.”
Olumide-Fusika: “I’m making the application now. Now, my lord.”
Judge: “Please don’t shout. No shouting.”
Olumide-Fusika: “I’m not shouting. I’m making the application now.”
Judge: “And watch your language please.”
Olumide-Fusika: “I’m making the application now. I’m making the application now. The prosecutor made an application when Your Lordship read the ruling.”
Judge: “What application did he make?”
Olumide-Fusika: “He made an application. He pointed your lordship’s attention to the fact that your lordship made an order discharging and asking the second defendant to go.”
Judge: “Discharging them?”
Olumide-Fusika: “Your lordship said so.”