By Eric Ikhilae, Abuja
The failure of the prosecution to file its documents on time yesterday stalled proceedings in the trial of the Director General of the National Broadcasting Commission (NBC), Is’haq Modibo Kawu, and three others at the Federal High Court in Abuja.
Kawu, Pinnacle Communications Limited, its Chairman, Lucky Omoluwa, and the firm’s Chief Operating Officer, Dipo Onifade, are facing a charge filed by the Independent Corrupt Practices and other related offences Commission (ICPC).
They are accused of fraud in the handling of N2.5 billion, which formed part of the seed grant for the Federal Government’s Digital Switch-Over (DSO) project.
At the conclusion of the prosecution’s case late last year, the defendants indicated their intention to make a no-case submission, following which the court ordered parties to file and exchange their addresses in respect of the no-case submission and fixed December 4 and 5, 2019, for adoption.
ICPC’s lawyer, Henry Emore, who is leading the prosecution team, told the court yesterday that he was unable to file and serve his written address on the defendant, as directed by the court.
Emore said he was unavailable and was only able to serve the defendant on January 29, 2020.
He applied to the court for leave to file and serve out of time and for the court to deem the address he filed and served on the defendants the previous day as properly filed and served.
Lawyers to the defendants, including Alex Izinyon (SAN) and Abayomi Oyelola, did not oppose Emore’s application but sought time to reply on point-of-law.
Justice Folashade Giwa-Ogunbanjo granted the prosecution’s application and adjourned till February 10, 2020 for adoption.
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