Robert Egbe
A FORMER Chairman of the Independent National Electoral Commission (INEC), Prof Maurice Iwu, on Thursday asked the Federal High Court in Lagos to transfer his N1.23 billion fraud case to Abuja.
Iwu told Justice Nicolas Oweibo that at 70, he is too old to make frequent trips from his Abuja home to Lagos for trial.
The ex-INEC chairman is facing three counts of alleged fraud and money laundering filed against him by the Economic and Financial Crimes Commission (EFCC).
The commission arraigned him last August 8 before Justice Chuka Obiozor, who granted him N1 billion bail.
Following the transfer of the case to Justice Oweibo, the commission re-arraigned Iwu last October 24.
The EFCC alleged that the ex-INEC chairman committed the offences between December 2014 and March 27, 2015.
The defendant pleaded not guilty.
The trial proper did not start last October 25, as scheduled, following the judge’s absence.
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At the commencement of Thursday’s proceedings, Iwu’s lawyer Ahamed Raji (SAN) told the court that the transfer was essential so that the defendant would not be subjected to unnecessary hardship.
He said Iwu resides in Abuja but always travels to Lagos for the case.
“My lord, this defendant is over 70 years of age, and he always travels down to Lagos and books a hotel whenever the case comes up. It will amount to great agony for him to continue with this trial in Lagos,” Raji said.
The lawyer argued that the transaction that led to the charge occurred in Abuja, thus the case should be tried in the Federal Capital Territory (FCT). EFCC lawyer Rotimi Oyedepo opposed the application.
He said all the witnesses listed in the proof of evidence reside in Lagos and Ibadan; more so, the case was investigated by the commission’s Lagos zonal office.
Oyedepo said all the banks officials listed in the proof of evidence to testify and the documents to tender are in Lagos.
The lawyer argued that the offence for which the defendant was charged “touches on the economic well-being of Nigeria” and that such offence could be tried anywhere in Nigeria.
Relying on Section 98 of Administration of Criminal Justice Act, Oyedepo averred that only the court’s Chief Judge has power to transfer any matter.
Justice Oweibo adjourned till March 6 for ruling.
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