The trial of Central Bank of Nigeria (CBN) and commercial bank workers in the alleged stealing of N8 billion mutilated notes meant for destruction, at the Federal High Court, Ibadan, was stalled yesterday, as counsel to the accused were absent.
At the last sitting, counsel to the fifth accused (Ayodele Festus Adeyemi), Mr. Michael Lana, filed an application raising the issue of bias against the judge.
On trial are Kolawole Babalola, Olaniran Muniru Adeola, Isaq Akano (aka Isiaka), Ayodele Festus Adeyemi, Toogun Kayode Philips, Oyebamiji Akeem, Ayodeji Aleshe and Ajiwe Sunday Adegoke.
Although counsel to other accused wanted to move their applications, Justice Abdul-malik Joyce refused the applications on the grounds that the pending application accusing the judge of bias, overrides every other application.
Justice Abdul-malik, who called for adjournment to allow counsel to the fifth accused move his application, said it would be proper to first hear the application.
The fifth accused, who was inside the witness box, raised his hand while the judge was giving his ruling, but was not recognised.
He later had the opportunity to speak, and said he had asked his counsel, Mr. Michael Lana, to withdraw the application accusing the judge of bias.
But the judge, who had given her ruling, insisted that must be done properly before the court, to either move the application or withdraw it to enable the case proceed.
Justice Abdul-malik said the applications before the court should be put in abeyance, pending the hearing of the application seeking to disqualify the judge from the case.
Application for bail was filed for the second defendant, Olaniran Muniru Adeola, but it could not be taken because other lawyers announced appearance for the same defendant and counsel to the Economic and Financial Crimes Commission (EFCC), Mr. Adebisi Adeniyi, raised an objection to that procedure, which he described as wrong.
The judge, however, agreed with the counsel to EFCC and turned down the application.
The case was adjourned till May 24 to enable counsel to the fifth defendant, Lana, properly moved his application seeking to disqualify the judge.
Tag: currency fraud
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Alleged N8b currency fraud: Lawyers’ absence stalls trial
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Alleged N8b currency fraud: Court denies bail to CBN, bank workers
•Judge fixes Sept 26, 28 for trial
The hope of getting bail for workers of Central Bank of Nigeria (CBN) and some commercial banks involved in the alleged N8 billion mutilated currency fraud was yesterday dashed, after a year behind prison.
A Federal High Court sitting in Ibadan dismissed bail applications filed by the defendants.
The applications, which were filed in three batches, saw some of the defendants appearing accordingly.
The first batch involved Kolawole Babalola, Olaniran Muniru Adeola, Togun Kayode Phillips, Isaq Akano, Ayodele Festus Adeyemi, Oyebamiji Akeem, Ayodeji Aleshe and Ajiwe Sunday Adegoke.
But their counsel Mr. Olalekan Ojo failed to appear in court.
The court was told that he was sick and the ruling was stalled.
The second batch included the bail application for the 2nd and 3rd defendant – Olaniran Muniru Adeola and Togun Kayode Phillips – who also appeared in the first batch.
Justice Abdul-Malik J.O., in her ruling on the defendants, said: “Having considered the fact of the case, the findings and decision of the appellate court, the court stood heavily against the bail application for the 2nd and 3rd defendant applicants, and the application is hereby dismissed.”
Also on the bail application for third batch involving the 4th and 5th
defendants – Oni Ademola and Ayodele Festus Adeyemi), Justice Abdul-Malik said: “ There were substantial evidence gathered against the defendants after the administrative bail granted them, and there is every likelihood that having known the weight of the prove of evidence gathered against them and the severity of the punishment, the defendants will jump bail, if granted.
“I, therefore, rule that the bail application for the 4th and 5th defendant applicants failed and ordered accelerated trial.”
The judge, in her two-hour ruling, also fixed 26 and 28 September for trial.
The CBN had on November 3, 2014, lodged a petition, inviting the EFCC to take over the investigation and prosecution of the cases involving the swapping of currency boxes containing mutilated naira notes meant for routine destruction at its Ibadan branch.
The suspects are facing a 28-count, including conspiracy, abuse of office, stealing, false declaration of actual amount, concealing of property and fraudulently acquiring assets in excess of their legitimate and provable income.
The offence is punishable under Section 7(2) of the Bank Employees etc (Declaration of Assets) Act, CAP. B1, Laws of the Federal Republic, Nigeria 2004.
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CBN N8b currency fraud: EFCC alleges attempt to scuttle trial
The Economic and Financial Crimes Commission ( EFCC) has accused counsel to the accused persons standing trial in the N8 billion currency fraud of attempting to block witnesses and scuttle trial.
The counsel to the EFCC , Mr Rotimi Jacobs and counsel to 2nd and 3rd accused persons, Mr Olalekan Ojo, engaged themselves in a heated argument over the delay in filing applications and reply to such applications , contrary to the order of the court.
At the heat of the argument between the duo , the defence counsel stood up and called on the judge to order Jacobs to withdraw a supposed offensive language against him.
The EFCC alleged that the counsel to the accused “have a game plan by use of their antics to scuttle the trial” .
He argued that the defence counsel had a game plan to ensure that applications were not heard in a bid to ensure that the trial is scuttled.
Ojo told the court that the EFCC could not lay blame on anybody since the papers were served on him in the court on Monday and” we were able to file our response the following morning in less than 24 hours” .
The suspects in the first case heard yesterday are Kolawole Babalola, Olaniran Muniru, Toogun Phillips, Salami Ibrahim and Odia Emmanuel.
The presiding Judge, Justice Ayo Emmanuel, had adjourned to yesterday to enable the parties complete all the necessary service .
However, contrary to the order of the court, some of the defence counsel either failed to file applications as at when due or reply to the applications served on them .
On the second case involving Patience Okoro Eye, Joshua Afolabi, Sunday Ilori, Muniru Olaniran, Kolawole Babalola, and Fatai Yusuf, counsel to the 1st accused person (Patience Okoro Eye) ,Mr Awa Kalu (SAN) sought for a separate trial for his client, in a fresh application before the court.
Kalu drew the attention of the court to the fact that the Ist accused person is the only woman among the suspects and that she would want the court to allow her to be separated from the trial .
He said: “ It is her right to decide separately. There is no fast rule on this. An accused person can decide to be tried separately to examine the evidence against her without inter-posing it with evidence concerning another.”
In his short ruling, Justice Emmanuel said: ” The situation in which we found ourselves this morning is very unfortunate and not in the interest of the accused persons.
“For the 1st and 3rd accused persons requesting for separate trial , the court cannot grant their prayers until it disposes off all the processes before him.”
Jacobs said: “Well, in the proceeding where the defence counsel who were refused bail had their own game plan to ensure that applications were not heard and the trial is scuttled . That is the game plan and they have successfully done that . The judge directed us yesterday that everyone should file their processes yesterday, and we file our own but alas our colleagues did not file contrary to our agreement and the order of the court. So, who is to blame?
“The trial is being scuttled as I said, because we were supposed to be calling our witnesses more than two, three weeks ago . We came here with our witnesses and they brought series of applications to ensure that the trial did not commence . Our witnesses are ready to come and give evidence but they are trying to block those witnesses. So, we are waiting till October now.”
The EFCC counsel absolved himself of any blame, adding that: “The only application I received on Thursday was the 37c and that Thursday, when they served us at the close of business , we went back to Lagos and came on Monday to serve them because we knew clearly that the matter was coming up this morning but… Well, its part of the game plan to respond this morning.
“ On the 1st accused person , we prepared our own and we went to him to serve him and let us exchange papers. But he refused to collect our own yesterday because they did not want the matter to go on. And the strategy is that don’t let this matter go on before these judges and the strategy is that they will wait for the Appeal Court to decide those appeal .
“There is no amount of reforms that can sanitise if we still retain the old habit . So, the old habit is still there to have my way the moment they see the proof of evidence , see what is against their clients, no this matter must not go on. And until we change our habit all these things will still be there”.
Ojo disagreed with the EFCC on the allegation levelled against him.
He said: “ It is the most unwarranted and unnecessary accusation. There is no diligent defence attorney that will fail to raise the kind of objection we have raised , except a defence attorney that is indifferent to the success of his client . We will maintain it and we will defend it that the pronouncement went beyond a necessary and tolerable response in a bail application . Well, in the eyes of the prosecution, that may be.
“You know, we are coming from different background, his own is to secure conviction acting within the confines of the law and the law allows us. Even the market woman is aware of the concept of fair trial, if an accused person is saying I will not get fair trial and he has raised that issue in a court of law, I leave it to the judgement of the entire nation whether that will amount to scuttling the trial, particularly when the basis could be found in black and white. Our application for disqualification is not based on frivolous ground.
“The judge will decide that we have done our best. And it is for us to do everything legitimately possible to secure fair trial for our client. If doing that is scuttling trial , so be it. It is to ensuring the integrity and purity of the stream of the administration of justice in Nigeria.”
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Alleged N8b currency fraud: Court returns eight accused persons to prison
Hope of an early bail for the eight bankers accused of an N8 billion fraud was dashed yesterday for the second time.
The judge ordered that they should be returned to prison following failure by counsel to complete service of processes on one another before arguments for their bail could be taken.
Justice Adeyinka Faaj of the Federal High Court, Ibadan took the action because prosecution and defence lawyers were yet to receive all counter and further affidavits in the two cases to set the stage for arguments for their bail applications.
They are to return to court on Thursday to argue applications for bail after all processes are expected to have been served on the counsel in the two cases heard yesterday.
The accused persons were disappointed.
Though the majority of defence counsel indicated their willingness to proceed with pending applications as well as to abandon their counter-affidavits to pave the way for argument for bail, Justice Faaj insisted that arguments for all applications for bail must be taken together.
He noted that hearing of some before others could be prejudicial to the rest since the charges emanated from the same transactions.
After the accused were arraigned last Wednesday, affidavits and counter affidavits were prepared and sent on Thursday and Friday. Consequently, the prosecution lawyers were only able to file their replies in court on Friday and could not reach all the defence counsel the same day. Some were only served in the courtroom yesterday.
The eight accused persons are among the 22 bankers being arraigned by the Economic and Financial Crimes Commission (EFCC). They include six officials of the Central Bank of Nigeria (CBN) and commercial banks.
They were arraigned on a 28-count charge bordering on forgery, misrepresentation and self-enrichment as part of the N8 billion mutilated currency fraud at the CBN.
The others are concealing of property, fraudulently acquiring assets in excess of their legitimate and provable income and causing economic adversity to the Federal Republic of Nigeria.
The accused, the court heard, acquired assets in Nigeria and Pretoria, South Africa.
The CBN employees are Kolawole Babalola, Olaniran Adeola and Togun Kayode Phillips. Their alleged accomplices are Isiaq Akano, Ayodele Festus Adeyemi, Oyebamiji Hakeem, Ayodeji Alese and Ajiwe Adegoke.
The EFCC, in the charge, claimed that the CBN workers conspired with the First Bank employees to recycle N10 billion mutilated currency notes meant to be destroyed.
The accused, however, pleaded not guilty to the charge. Request for bail for the eight persons was brought to the court yesterday.
Explaining the situation for delay of bail hearing in an interview with reporters, Mr. Nathaniel Oke (SAN), counsel to Isiak Akano, said: “The order of the court last week was that all processes in the case should be served by Friday.
“But some parties were served late, which necessitated further reaction. And some came to court this morning for the purpose of filing additional processes, which have not been served on one another.
“Before we can go on, all the processes must have been received so that parties can have ample opportunity of either reacting or not reacting. You cannot react to what you did not see.
“So, it was on that basis that the matter was adjourned till Thursday. By then, all parties will have been in possession of documents to be used against one another.”