There was a twist yesterday in the trial of Lagos House of Assembly Speaker, Adeyemi Ikuforiji and his aide.
Justice Okechukwu Okeke of the Federal High Court, Lagos, adjourned further proceedings sine dine (indefinitely).
He surprised the packed courtroom when he gave a short impromptu ruling, as none of the parties had brought any application for which a ruling was expected.
The judge accused the prosecution of delaying the trial, adding that rather than being “blackmailed”, the case would be transferred to another judge “in the interest of justice”.
After the case was called for proceedings to begin, counsel to the Economic and Financial Crimes Commission (EFCC). David Ide and that of Ikuforiji Tayo Oyetibo (SAN) announced their appearances.
They waited for the judge to prompt them to proceed with the case, but Justice Okeke, instead, spent about 10 minutes writing on a notepad.
When he raised his head, he said: “This case has witnessed an unprecedented delay by the prosecution and tactics set by persons to blackmail this court.
“In the interest of justice, I’ll transfer the case to another judge and hearing notices will be issued at a later date
“This matter is hereby adjourned sine dine”.
It means the trial will begin de novo (afresh) before another judge, and the defendants will have to be re-arraigned.
The witness who has also testified for the prosecution will be recalled to repeat his testimony.
The court was filled with men, women and youths who came in solidarity with the Speaker. Many stood in the courtroom as seats were not enough. Outside the courtroom and around the premises, many more waited.
Justice Okeke will retire on May 18, The Nation learnt.
EFCC charged the Speaker and his aide Oyebode Alade Atoyebi with allegedly accepting over N500million from the Assembly without passing through a financial institution, an allegation they denied.
Most of the adjournments have been at the instance of the prosecution, leading the defence counsel to ask that the matter be struck out for want of diligent prosecution.
Oyetibo had said: “This is a case where the defendant is begging to be prosecuted. I urge your Lordship to dismiss this case.”
On February 18, the prosecution, led by Godwin Obla, had asked Justice Okeke to stand down the matter till 11am “to allow counsel for the prosecution appear in a highly contentious public interest fundamental human rights proceeding…” before another judge.
Opposing the application, Ikuforiji’s counsel Tayo Oyetibo (SAN) recalled that on last October 21, the court said it was prepared to hear the matter from day to day.
“The prosecution failed to show up on 20th of November, 2012. We lost at least 15 days at the instance of the prosecution.
“I submit that the defence has never asked for an adjournment in this matter,” Oyetibo said. However, the court adjourned at the instance of the prosecution.
Again on March 25, the prosecution was not in court. Oyetibo complained, and recalled other adjournment requests by the prosecution.
He said: “On 6th November, 2012, the prosecution failed to appear in court to continue this case. He (Obla) wrote for an adjournment. The case was adjourned to 20th and 21st November 2012 as requested by the prosecution.
“On 20th November, the prosecution failed again to appear in court (stating) that he mixed up the date and my Lord graciously accepted the date. Rather than coming here, he asked for another adjournment and my Lord adjourned till 17th and 18th December 2012.”
Obla said on February 18, the prosecution wrote two letters, one of which was the matter be transferred to another judge as Justice Okeke would soon retire.
The judge, he said, called Obla from another court, and the lawyer said he was not with the Ikuforiji casefile and that the prosecution witness was not in court.
The case was again adjourned till February 19 and 20 at the prosecution’s instance.
On February 19, the prosecution asked for yet another adjournment to “to be in Makurdi on the 20th of February.”
All other dates fixed for trial after February 20 were vacated and the case was adjourned again till March 19 and 20. On those days, the court did not sit and the case was adjourned till March 25.
Obla had said in court on March 25: “The first Defendant is the sitting speaker of the House of Lagos State. The case ought to be given accelerated hearing so that the people of Lagos State can know within a reasonable time his guilt or innocence.
“The prosecution is taking steps to frustrate these proceedings because he knows my Lordship will be retiring this year.
“What the charge is saying is that the money did not go through a financial institution and not money laundering or that he stole, and that the accused did not conduct the business of the House in line with Money Laundering Procedure Act.
“Flowing from this, I urge your lordship to either dismiss this charge or close their defence.’
The court did not dismiss the charge as prayed, but adjourned till April 8, 9, 10, 11, 12, 15, 16, 17, 18, 19, 22, 23, 25 and 26.
Obla later withdrew from the trial. In his letter dated April 5 to the court’s registrar, he said the manner in which the court fixed dates would deny him the ability to diligently prosecute the case.
Obla, who was not present in court on March 25 when the dates were fixed, said the 13 days was scheduled without considering his commitment in other cases at other courts.
“The new dates clearly conflict with those long-scheduled obligations,” he wrote. His withdrawal forced Justice Okeke, who will retire next month, to cancel the dates.
Head of EFCC’s Legal Department, Mr. Alli Yusuf, said he was informed late about Obla’s withdrawal and would need three weeks to study the file.
Oyetibo complained that the EFCC was handling the case with levity, asking the court to dismiss the charge for lack of diligent prosecution.
