Justice Sedotan Ogunsanya of an Ikeja High Court yesterday fined the Managing Director of Nadabo Energy Limited, Abubakar Ali Peters, the sum of N309,000.00 for stalling the continuation of his trial in alleged N761,628,993.84 subsidy fraud.
The fine, which the court ordered Abubakar to pay within seven days, was for wasting the time of the court.
It would also be used to defray the costs incurred by the two witnesses, who the prosecution had brought from Abuja for the case.
The star witness in the matter, who is also the Chief Executive Officer of the Economic and Financial Crimes Commission (EFCC), Abdulrasheed Bawa, was in court for cross-examination by the defence team.
Abubakar and his company are facing a 21-count charge bordering on forgery and subsidy fraud brought against them by the EFCC before Justice Ogunsanya.
At the resumed sitting yesterday, counsel to the defendant, E. O. Isiramen, informed the court that his client was absent, having contracted Coronavirus.
But when the court probed him further, the defence counsel could not give any satisfactory response.
“There are several isolation centres. Moreover, there is no medical report before the court,” the judge said.
Responding, Isiramen said: “I don’t know precisely where he is. The report was sent via email.”
Justice Ogunsanya expressed surprise at the response, saying a “court of records is not of speculations”.
The prosecuting counsel, Seidu Atteh, told the court that the same reason was given for the absence of the defendant at another fraud case against him before Justice Christopher Balogun, also of an Ikeja High Court.
Justice Ogunsanya expressed displeasure about the attitude of the defence and for “wasting judicial time”.
“The court is very displeased with you. Why not inform the court before now? You are responsible to bring him to court and this is the only matter listed. This is not a civil matter but a criminal matter.
“The court would have revoked the bail but for the illness. But there would be no bench warrant for now,” he said.
Responding, Atteh applied to the court to “impose penalty” on the defence and to order the defence to produce the medical report backing the claim.
Justice Ogunsanya gave the defence seven days to furnish the prosecution and the court with the medical report and to pay N309,000.00 within seven days to defray the costs incurred by the two witnesses, whom the prosecution had brought to court from Abuja for the matter.
She adjourned the matter till December 16 and 17, 2021.