The late service of additional court documents (proof of evidence) on the defence by the prosecution stalled the planned commencement of former Chief of Defence Staff (CDS) Alex Badeh’s trial yesterday.
Justice Okon Abang adjourned till tomorrow to enable Badeh’s lawyers study the fresh set of documents served on them last Friday and early yesterday by lawyer representing the prosecuting agency, the Economic and Financial Crimes Commission (EFCC), Rotimi Jacobs (SAN).
The ex-CDS was arraigned with a company, Iyalikam Nigeria Limited, on March 7 before Justice Abang of the Federal High Court, Abuja , on a 10-count charge relating to breach of trust and corruption.
They were accused of diverting about N3.97 billion belonging to the Nigerian Air Force.
Justice Abang granted Badeh bail on March 10 at N2billion with two sureties at N1 billion each and adjourned to March 14 for the commencement of trial.
Badeh was yet to perfect the bail granted him as at yesterday. He was brought in by prison officials.
When parties got to court yesterday, the lead prosecution lawyer noted that the case was for commencement of trial. He sought the judge’s permission to call his first witness, which the judge granted, following which Jacobs called his first witness.
The witness, who was not identified, hardly mounted the witness box when a new lawyer engaged by Badeh to fortify his defence team, Akin Olujinmi (SAN), sought for adjournment. He said he was not yet properly briefed by his client.
He added that his client needed a conducive environment, outside the prison, to brief him.
Olujinmi said his request for adjournment was necessitated by the need to have instruction from the defendant.
“The convenience of briefing in my office is adequate briefing. When the Constitution says a defendant must be accorded adequate facility to prepare for his defence, it includes an adequate venue, where he could be free to speak to me as his counsel.
“Even where trials are accelerated, they are still subject to the usual vicissitude that could affect proceedings. That is why the Administration of Criminal Justice Act (ACJA) made provision for, at least five adjournments for each side,” Olujinmi said.
He added that it was the right of the 1st defendant (Badeh) to engage as many lawyers as he wishes.
Olujinmi argued that even where the prosecution was at liberty to file additional documents, including proof of service at any stage in a criminal trial, before judgment, the law also requires that the defendant be accorded sufficient time to study such new documents to enable it understand how it will affect the case.
“We do not contend the right of the prosecution to file additional proof of evidence. But the defendant has a right to seek to digest the proof to enable him see how it (the proof of evidence) will affect the case and prepare as such.
“We were just served with the additional proof of evidence and have not been able to digest it and understand how it will affect the case. Heaven will not fall if this case is adjourned. It is the discretion of the court to decide whether or not to adjourn a case,” he said.
Lawyer to Iyalikam, S. T. Ologunorisa (SAN) spoke in similar vein. He told the court that he was served with the prosecution’s additional proof of evidence, shortly before the court resumed sitting yesterday. He requested for time to study the documents.
Although Jacobs objected to the defence lawyers’ request for adjournment, the judge, in a ruling, held in their favour.
Justice Abang said the interest of justice would be better served if Olujinmi (who now leads Samuel Zibri) and Ologunorisa were allowed time to study the additional proof of evidence served on them last Friday and early yesterday morning.
The judge introduced slight humour to the court’s business when, at a point in his ruling, he stopped, removed his glasses and looked at Badeh, who was staring at him, straight from the dock.
The judge said he was not comfortable with the way the defendant (Badeh) was staring at him.
Although the dock was not too close to where the judge sat, the he nevertheless, directed Badeh to sit down. Badeh and the unidentified prosecution witness (who was equally standing in the witness box) sat down, following which the judge proceeded with his ruling.
He adjourned till tomorrow for the commencement of trial.