Akwa Ibom State Attorney-General and Commissioner for Justice Uwemedimo Nwoko, and his Finance counterpart Nsikan Nkan, have urged the Federal High Court in Lagos to set aside a warrant of arrest issued against them.
Justice Rilwan Aikawa ordered their arrest on March 1 following an application by the Economic and Financial Crimes Commission (EFCC).
He also issued a bench warrant for the Accountant-General Mfon Udomah, and a cashier at the State House Margaret Thompson Ukpe.
The EFCC, which said they were at large, charged them with President of the Nigeria Bar Association (NBA) Paul Usoro, for allegedly laundering N1.4 billion.
Trial was billed to resume yesterday, but the commissioners, through their lawyer, Chief Mike Ozekhome (SAN), told the court of the pending application seeking to set the bench warrant aside.
Usoro also has an application for an order directing the EFCC to serve him with a summarised witness statement of those listed to give evidence.
He said the application was pursuant to Section 36(6)(B)(D) of the 1999 Constitution; Section 379(1) of the Administration of Criminal Justice Act (ACJA) and Rule 5(1) of the Federal High Court Criminal Trials Practice Direction 2013.
Through his lead counsel Chief Ifedayo Adedipe (SAN), Usoro argued that the prosecution was required by law to give the defence a summary of the statements of those to give evidence.
A third application was brought by Governor Udom Emmanuel’s lawyer, Dr. Charles Mekwunye, challenging the court’s jurisdiction to entertain the charge.
Mekwunye maintained that the prosecution had no locus standi to file the charge.
But prosecuting counsel Rotimi Oyedepo said the summary of the witnesses’ statement were already frontloaded. He urged the court to proceed with trial.
Oyedepo stressed that the governor was not on trial, but was only mentioned in the charge. He alleged that the applications were aimed at frustrating the case.
Justice Aikawa is the third judge to handle the case.
Usoro was first arraigned before Justice Muslim Hassan on a 10-count charge. The judge later withdrew from the case after Usoro asked him to recuse himself.
Usoro was to be re-arraigned before Justice Chika Obiozor, but the judge recused himself for personal reasons on the day of re-arraignment.
Also named in the charge is Governor Udom, said to be “currently constitutionally immune from prosecution”.
EFCC alleged that the defendants committed the offence on May 14, 2016. It also alleged that Usoro conspired with others to commit the offence within the court’s jurisdiction.
He was alleged to have conspired to convert N1.4 billion, property of Akwa Ibom State government, which they should have known formed part of the proceeds of an unlawful activity.
The prosecution said the unlawful activity included criminal breach of trust which contravened sections 15 (2), 15(3), and 18 (A) of the Money Laundering (Prohibition) Act, 2011.
Usoro pleaded not guilty.
Justice Aikawa adjourned until April 17 for hearing of the applications.
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