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Tag: Peter Nwaoboshi

  • Okowa mourns Senator Nwaoboshi, says Anioma lost a fearless, dependable voice

    Okowa mourns Senator Nwaoboshi, says Anioma lost a fearless, dependable voice

    Former Governor of Delta, Senator Ifeanyi Okowa, has described the late Senator Peter Nwaoboshi as a fearless politician, dependable leader and a strong voice of Anioma people.

    Speaking in an emotional tribute at the Asaba residence of the late Nwaoboshi, Okowa lamented his passing, noting that Delta and the Anioma nation had lost one of their most committed and outspoken political figures.

    According to him, the late senator was an astute politician, who played a pivotal role in the political development of Delta particularly during the formative years of the Peoples Democratic Party (PDP).

    He recalled that Nwaoboshi was a founding Secretary of the PDP in the State and made significant contributions to the mobilisation efforts that culminated in the party’s historic victory in the 1999 general elections.

    Okowa further stated that Nwaoboshi’s leadership qualities and dedication to public service saw him rise through the ranks of the party to become its Chairman in Delta before becoming Senator and represented Delta North Senatorial District at the National Assembly from 2015 to 2023.

    “He was fearless in his approach to politics and a tireless fighter for the good of his people,” Okowa said, adding that the late lawmaker remained steadfast in defending the interests of Anioma and Delta throughout his political career.

    Read Also: Dafinone mourns ‘political oracle’ Nwaoboshi’, says death huge loss to Delta, Nigeria

    The former governor, who is the Coordinator, Renewed Hope Initiative in South -South, described Nwaoboshi’s death as a great loss, noting that Anioma and Delta had lost a dependable voice that consistently stood for justice, equity and development.

    He prayed for the peaceful repose of Nwaoboshi’s soul, stating that the late politician had completed his earthly assignment to the glory of God.

    Chief Peter Nwaoboshi, a former senator and seasoned politician, was widely respected for his courage, commitment to party politics and unwavering advocacy for his people.

    In a related development, Senator Okowa also visited the Chairman of Delta State Civil Service Commission, Chief Roseline Amioku, who lost her son on Thursday in Asaba.

    He commiserated with the Amioku family and prayed for God to grant them the fortitude to bear the irreparable loss, urging them to take solace in the fact that the departed had gone to rest in the Lord.

  • BREAKING: Former Delta Senator Peter Nwaoboshi dies at 68

    BREAKING: Former Delta Senator Peter Nwaoboshi dies at 68

    Former Senator who represented Delta North Senatorial District, Peter Onyelukachukwu Nwaoboshi, has died.

    As of the time of filing this report, details surrounding the circumstances of his death had not been made public.

    However, reacting to the development, Delta State Governor, Sheriff Oborevwori, expressed deep sorrow over the passing of the former lawmaker, describing his death as a great loss to Delta State, the Anioma nation, and Nigeria.

    In a condolence message issued by his Chief Press Secretary, Sir Festus Ahon, the governor said Senator Nwaoboshi was a proud son of Delta State and a fearless advocate of the Anioma cause whose contributions to national development would not be forgotten.

    Governor Oborevwori recalled Nwaoboshi’s impactful service in the National Assembly, where he served as Chairman of the Senate Committee on Niger Delta Affairs, noting that his strong advocacy for the development of the Niger Delta and Delta State set him apart as a committed and passionate leader.

    He said the late senator’s political rise was anchored on a rich political pedigree, selfless service, and unwavering commitment to democratic ideals, adding that he also served meritoriously as a two-time Chairman of the Peoples Democratic Party (PDP) in Delta State.

    According to the governor, Senator Nwaoboshi devoted his life to the service of his people, his party, and the nation, leaving behind a legacy of courage, loyalty, and dedication to public service.

    Read Also: ACP dies on duty in Ebonyi

    “On behalf of the government and people of Delta State, I mourn the passing of my dear friend, Senator Peter Onyelukachukwu Nwaoboshi,” Oborevwori said.

    “I extend my heartfelt condolences to his immediate family, the people of Anioma nation, members of our great party, the All Progressives Congress, and all those whose lives he touched.

    “I pray that Almighty God grants his soul eternal rest and gives his family, friends, and associates the fortitude to bear this irreparable loss.”

    Details shortly…

  • I’ve order against my arrest, says Nwaoboshi, files contempt charge against IGP

    I’ve order against my arrest, says Nwaoboshi, files contempt charge against IGP

    Senator Peter Nwaoboshi has accused the Inspector General of Police of defying a court order, which restrained law enforcement agencies from arresting or detaining him.

    He said the Federal High Court in Abuja issued the order on July 17, 2024, in Suit No. FCT/HC/CV/2916/2024 and Motion No. M/9638/2024.

    The court order, according to him, prohibited the IGP, Nigeria Police Force, and other respondents from arresting or detaining Nwaoboshi until the final determination of the case.

    Despite this ruling, Nwaoboshi claimed the police have failed to comply, prompting his legal team to initiate contempt proceedings against the IGP.

    Nwaoboshi’s legal team argued that Section 72 of the Sheriff and Civil Process Act empowers them to seek contempt proceedings for disobeying the court’s directive.

    Read Also: Police smash newborn theft, sale syndicate, arrest eight suspects

    Describing the IGP’s actions as “an affront to the judicial system and the principles of the rule of law,” the senator vowed that the rule of law must be upheld, warning that the integrity of the judiciary is at stake if court rulings continue to be ignored.

    “An order of court, whether right or wrong, must be obeyed unless set aside by the same court or overturned on appeal,” Nwaoboshi’s legal team asserted. “Refusing to comply with a judgment or restraining order constitutes contempt of court.”

    Justice Kekemeke, in his order, stated: “The Respondents, either by themselves or through their officers, agents, whosoever of whatsoever designation, are hereby restrained from further arrest or detention of the Applicant until the final determination of the Motion on Notice.”

    The court has set October 28, 2025 for the hearing of the substantive motion, offering Nwaoboshi temporary protection against any further law enforcement actions.

  • Senate to probe alleged diversion $322m Paris Club funds

    The Senate is set to investigate alleged diversion of over $322 million Paris club refunds meant for the 774 Local Government Areas in the country, it was learnt on Sunday.

    The Senator representing Delta North, Peter Nwaoboshi, disclosed this at a press conference in Abuja

    Nwaobosh told reporters that a formal motion would be presented on the floor of the Senate for the investigation of the diverted funds.

    The aim of the probe, he said, was to unearth the faces behind the alleged diversion under the guise of consultancy fees.

    Nwaoboshi said that measures would also be mounted to recover the diverted funds.

    The Delta north senator also flatly denied recent media reports that 22 various bank accounts belonging to him were frozen by the Special Presidential Investigation Panel (SPIP).

    He challenged those behind the reports to publish the amount recovered.

    Nwaoboshi said: “Let me assure Nigerians that as soon as the case is settled, I shall bring a motion to investigate the $322 million of the 774 local governments in Nigeria allegedly taken by consultants from the Paris Club refund. It must be investigated by Nigerians. Nothing will stop it.

    “If the Senate fails to investigate it, I will take it up and make it a one-man show to ensure that faces behind the diversion of the funds are unmasked. Nigerians should expect that from me.”

    On his legal tussle with SPIP, he said: “I don’t have 22 bank accounts. That is not to say that there is any law that forbids me to own up that number of bank accounts or more than that in Nigeria.

    “Most of the alleged bank accounts belong to companies of which they thought I have interest in, but I am not a signatory, a director, or a shareholder in any of the companies.

    “It is therefore wicked, malicious, frivolous, scandalous, and a height of irresponsibility.
    “It, therefore portrays the level of the understanding of the law by the leadership of the SPIP. I challenge the SPIP to publish the names of the shareholders, directors, and signatories to the accounts for the public to judge.

    Read Also: Senate Committee on Slapping

    “I wonder why the SPIP failed to carry out due diligence before rushing to the court to tarnish my image by securing a forfeiture order on firms that I have nothing to do with.  I went to court on June 10th this year and obtained an injunction ordering SPIP to maintain the status quo ante on my case as of May 31, 2019.

    “I wonder why a party to the suit should go ahead to secure this forfeiture order when the injunction had not be lifted.

    Ten of the bank accounts belong to companies while most of the other 12 accounts were opened for me by the various banks representatives operating in the National Assembly when I became a senator, are already dormant.

    “My attention has been drawn to a purported forfeiture order although I am yet to be served with the proceedings of the court, I only read it in the print media.

    “I don’t have 22 bank accounts. That is not to say that there is any law that forbids me to own up that number of bank accounts or more than that in Nigeria.

    “Most of the alleged bank accounts belong to companies of which they thought I have interest in but I am not a signatory, a director, or a shareholder in any of the companies.

    “It is therefore wicked, malicious, frivolous, scandalous, and a height of irresponsibility.

    It, therefore portray the level of the understanding of the law by the leadership of the SPIB.

    “I challenge the SPIB to publish the names of the shareholders, directors, and signatories to the accounts for the public to judge. “

  • Asset Declaration: FG drags Nwaoboshi to CCT, set for prosecution

    The lawmaker representing Delta-North Senator Peter Nwaoboshi, has been dragged to the Code of Conduct Tribunal by the Federal Government on a three count count charge  of false declaration of assets.

    The charges were filed by the Office of the Department of Public Prosecutions, Federal Ministry of Justice.

    The senator was recently referred to the DPPF’s office for prosecution by the Special Presidential Investigation Panel for the Recovery of Public Property led by Okoi Obono-Obla.

    A copy of the charges shows that Nwaoboshi is to be tried for allegedly making false assets declaration in his Form CCB1 submitted to the Code of Conduct Bureau by failing to declare three bank accounts in  Sterling Bank (Nigeria) Ltd .

    This is just as a Federal High Court, Abuja in a suit FHC/ABJ/CR/88/2018 between the Federal Republic of Nigeria versus Senator Albert Bassey Akpan presided over by  Justice J.T Tsoho, ruled that the Special Presidential Investigation Panel For Recovery of Public Property is competent to initiate criminal prosecution against Senator Albert Akpan Bassey or anybody it has investigated.

    Read Also: Assets Declaration: Presidential panel transfer Sen. Nwaoboshi case to DPPF

    The Court also  held that the Prosecutor of the Panel, Dr Celsus Ukpong is competent to sign or initiate criminal prosecution and doesn’t require the consent of the Honourable Attorney General of the Federation and Minister of Justice to do so.

    The Principal State Counsel at the Federal Ministry of Justice, Mr Labaran Magaji, who signed the charges, alleged Nwaoboshi’s action was contrary to section 15(1) and (2) of the Code of Conduct Bureau and Tribunal Act and punishable under section 23(2) of the same Act.

    The charges read in part: “That you, Senator Peter Nwaoboshi, adult, male, Nigerian citizen and a serving Senator representing Delta North constituency within the jurisdiction of this Tribunal did make a false declaration in your asset declaration Form CCB 1 No: SEN001098 in that you refused to declare Account No: 0008600331 maintained by you with Sterling Bank (Nigeria) Ltd which is in operation since about 2015 and thereby committed an offence contrary to Section 15 (1) and (2) of the Code of Conduct Bureau and Tribunal Act Cap 015 LFN 2004 and punishable under Section 23 (2) of Code of Conduct Bureau and Tribunal Act Cap 015 LFN 2004.

    Accompanying the charges filed against the Delta-North senator was a document titled, ‘an application to commence trial.’’

    The summary of the prosecution’s case also attached to the charges, read, “It is the prosecution’s case that the defendant, a serving senator was investigated and found to have falsely declared his assets in his assets declaration Form CCB1 No. SEN001098.

    “The prosecution, in this case, shall rely on the exhibits and testimonies of witnesses to prove its case beyond reasonable doubt.”

    Ruling on the case that involved Senator Bassey, the Court also said that the Panel doesn’t require having the consent of the President of the Federal Republic of Nigeria before it can initiate criminal prosecution against anybody.

    Senator Albert Bassey Akpan was arraigned before the Federal High Court by the Panel for refusal to declare his assets contrary to Section 3 (a) of the Recovery of Public Property (Special Provisions) Act, 2004. However, he objected to the competence of the Panel to file charges against him.

    With the ruling, the coast has been cleared for the Senator Akpan to face the charges against him.

    However, Senator Akpan’s counsel, Solomon Unoh (SAN) has filed a Notice of Appeal against the ruling.

    Reacting to the development, the Chairman of the Panel, Chief Okoi Obono-Obla, said that the ruling is great and that it has an impetus to the fight against corruption and strengthening the hand of the panel.

  • Assets Declaration: Presidential panel transfer Sen. Nwaoboshi case to DPPF

    The Special Presidential  Investigation Panel  (SPIP) for Recovery of Public Property has transferred to the Director of Public Prosecutions of the Federation (DPPF) the prosecution of Senator Peter Nwaoboshi (Delta North) for  alleged failure to declare his assets.

    In a letter accompanying the case file, dated June 7, 2019 and signed by Dr. Celcius Ukpong of the panel office, the SPIP said it forwarded the case to the DPPF for further handling in furtherance of the inter-agency and collaborative efforts of Federal Government’s agencies involved in the anti-corruption war.

    The letter reads: “I am directed to forward to you above named case file for further action.

    The above suspect is under investigation before us for possession of suspicious assets far and beyond his legitimate earnings.

    Read Also: Nwaoboshi and the burden of service

    “He has refused to declare his assets before the panel after lawful demand by the special presidential investigation panel.

    “This refusal is contrary to and punishable under section 3(i)(a) of the Recovery of Public Property (Special Provisions) Act 2004.

    “It shall be appreciated if a charge is brought against him for this offence pending the conclusion of the investigation.

    “We hereby attach a draft charge against him, for your perusal and further action, please.”

    The letter also had Index to Case File, Extract From Case Diary, Investigation Activities and Interim Investigation report attached for the DPPF action. The panel, last week, forwarded to the Code of Conduct Bureau for further investigation the case file of Senator Nwaoboshi.

  • I remain senator-elect, Nwaoboshi cries out

    The senator-elect for Delta North, Peter Nwaoboshi, Thursday said that he has not been sacked by any court.

    Nwaoboshi who is also the sitting senator representing the same Senatorial District, noted that contrary to report, no court sacked as he was no longer the candidate of a political party but a senator-elect with certificate of return.

    He said that he has already filed a notice of appeal to challenge the ruling of Justice Ahmed R. Mohammed of the Federal High Court, Abuja delivered on April, 3rd, 2019.

    The Delta North senator told reporters at a press conference in Abuja that apart from filing his notice of appeal, he has taken other steps to curtail what he described as “judicial rascality in the country.

    He noted that “the beauty of the Nigeria’s legal system is that we rely on precedence” adding that “what is even worrisome is that the same judge who delivered the judgement on April 3rd, has ruled on similar case that the case was filed out of time.”

    Nwaoboshi who said that “this country must be civil” insisted that “this country is not where people believe and boast that they can buy judgement.”

    Read also: Breaking: Court sacks Delta North senator-elect, Nwoboshi

    He said that the People’s Democratic Party (PDP) sponsored him “and my party has come to court to say that I am its candidate.”

    He said, “I was not sacked and there was no order that said INEC should withdraw my certificate of return and it was not asked. The court does not give what you did not ask because the court is not Father Christmas.”

    Nwaoboshi said that part of ground of his appeal is that the learned trial judge erred in law when he held that the suit was not caught by the 14 days rule in Section 285(9) Fourth Alteration to the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

    He noted that the primary election, subject matter of the suit was conducted on 2nd October, 2018 and the 14 days’ time allowed started running on the same 2nd October, 2018 when the primary election took place.

    He said that another ground of appeal is that the learned trial judge erred in law when he held that he had jurisdiction to entertain the suit despite same being filed on 11th December, 2018 because the 1st respondent had earlier filed a suit before the High Court of the Federal Capital Territory, Abuja, which he withdrew and was truck out on 10th December, 2018.

    He noted that “the self-same suit withdrawn before the High Court of the Federal Capital Territory, Abuja was withdrawn because it was caught by the same 14 days rule in view of Section 285 (9) Fourth Alteration to the Constitution, 1999 (as amended)

    The Federal High Court Abuja on Wednesday was reported to have sacked Senator Peter Nwaoboshi, the senator-elect for Delta North Senatorial District.

    Justice Ahmed Mohammed gave the order while delivering judgment in a suit filed by Mr. Ned Nwoko challenging the election of Nwaoboshi as the candidate of the People’s Democratic Party in the October 2, 2018 primaries of the party held in Delta.

    The court held that Nwaoboshi, a serving senator, was not the duly elected candidate of the PDP in the primary election.

    Justice Mohammed ordered the Independent National Electoral Commission to publish the name of Nwoko as PDP candidate, having established before the court that he scored the highest number of votes in the said primary election.

  • EFCC re-arraigns Senator for alleged money laundering

    *Lawmaker gets leave to travel
    The Economic and Financial Crimes Commission ( EFCC ) on Friday re-arraigned Senator Peter Nwaoboshi for alleged money laundering.

    The commission re-arraigned him along with Golden Touch Construction Projects Limited and Suiming Electricals for alleged N322million fraud.

    The charge is before Justice Chukwujekwu Aneke of the Federal High Court in Lagos.

    The defendants were first arraigned on April 25 before Justice Mohammed Idris, who was later elevated to the Court of Appeal.

    The case was re-assigned to Justice Aneke to begin afresh.

    Two witnesses, Prince Kpokpogiri and Murtala Abubakar, had testified before Justice Idris.

    The prosecution alleged that Nwaoboshi and Golden Touch Construction Projects purchased a 12-storey property known as Guinea House on Marine Road in Apapa, Lagos for N805million between May and June 2014.

    The anti-graft agency claimed that N322million out of the N805million was part of proceeds of “an unlawful act, to wit: fraud.”

    The EFCC alleged that the N322million was transferred to the property’s vendor on the order of Suiming Electricals, which was accused of aiding Nwaoboshi and Golden Touch Construction Projects to commit money laundering on or about May 14, 2014.

    According to EFCC, Nwaoboshi, a former Delta State Peoples Democratic Party (PDP) chairman, got a contract through Bilderberg Enterprises Ltd to supply new construction equipment to the state Direct Labour Agency at N1,580,000,000.

    Read Also: EFCC arraigns Saraki’s aide, others for alleged N3.5b fraud

    The company allegedly imported and supplied used construction equipment rather than brand new ones despite receiving full payment.

    EFCC said Nwaoboshi, with the proceeds, bought the 12-floor building from Delta State Government at N805million in the name of Golden Touch Construction Projects.

    The commission said the Senator had “no visible legitimate business venture to generate the amount spent to purchase the said property.”

    The alleged offence contravenes sections 15(2)(d) and 18(a) of the Money Laundering (Prohibition) Act 2011 and punishable under Section 15(3).

    After pleading not guilty to the charge, Justice Aneke allowed Nwaoboshi to continue on bail based on the terms earlier imposed on him by Justice Idris.

    Defence counsel Emmanuel Kachukwu (SAN) urged Justice Aneke order the release of Nwaoboshi’s passport to enable him travel to Indonesia on October 8.

    He said the lawmaker would return on October 19.

    Granting the request, the judge said the passport should be returned to the court’s registrar by October 23.

    Justice Aneke adjourned until October 25 for trial.

  • Judge: Senator’s trial can’t proceed without EFCC’s consent

    Justice Mohammed Idris of the Federal High Court in Lagos Tuesday held that the trial of the Senator representing Delta North Senatorial District, Peter Nwaoboshi, will not go on without the consent of the Economic and Financial Crimes Commission (EFCC).

    The judge, who was elevated to the Court of Appeal after the case had begun, said both parties must agree for him to have jurisdiction to continue to adjudicate on the case.

    Read Also:Nwaoboshi money laundering trial stalled as court goes on vacation

    EFCC arraigned Nwaoboshi, Golden Touch Construction Projects Limited and Suiming Electricals on April 25 for alleged N322million fraud.

    Two witnesses had testified for the prosecution before Justice Idris was elevated to the Court of Appeal in June.

    Based on a request by Nwaoboshi and the other defendants, the Court of Appeal President Justice Zainab Bulkachuwa granted Justice Idris a fiat to enable him conclude the case before resuming at the appellate court.

    But the EFCC opposed the fiat, saying it would prefer that the case be transferred to another judge to begin afresh.

    EFCC lawyer Mr M.S. Abubakar argued that Nwaoboshi’s case did not fall within the Administration of Criminal Justice Act (ACJA) definition of “part-heard” criminal cases which an elevated judge could continue with.

    According to him, Section 494 of the ACJA, which defines part-heard matters, refers to cases in which the prosecution had called all witnesses and closed its case, pointing out that EFCC had only called two of six listed witnesses.

    Urging Justice Idris not to continue with the case, he argued that Section 396 (7) the ACJA, which requires elevated judges to conclude part-heard matters, “is grossly unconstitutional.”

    But, Nwaoboshi’s lawyer Dr Valerie Azinge (SAN) said she was surprised that the EFCC, which always accused high profile defendants of adopting delay tactics to frustrate their trial, was the one opposing Senator Nwaoboshi’s application for a speedy trial.

    She said Section 396 (7) of the ACJA was enacted to cure delays that arise from judges’ elevation, adding that EFCC ought to champion its enforcement rather than rejecting the fiat granted Justice Idris.

    Ruling yesterday on whether or not to continue with the case, Justice Idris emphasised that while the ACJA was designed to achieve speedy dispensation of justice in criminal cases, all parties must be on board.

    He said when together, sections 396 (7) and 494 of the ACJA were drafted to prevent judges who have been elevated to the Court of Appeal from being bugged down by high court cases to the point where it prevents them from assuming their duties at the Appeal Court.

    “In the circumstances of this case, where a fiat has been issued by the President of the Court of Appeal pursuant to Section 396 of the ACJA, and the matter not being a part-heard matter pursuant to Section 494 of ACJA, the court in my view will only have jurisdiction where both parties consent or agree that the matter should go on,” he said.

    Justice Idris said all stakeholders must make the ACJA achieve its potential, adding: “All the stakeholders in the administration of criminal justice must be determined and committed to the process of effective change.”

    He said the ball was no longer in the judiciary’s court as it behooves parties to “walk the walk and not talk the talk, because in the end it is not the talk but the walk that matters…”

    Justice Idris added: “I hold for the avoidance of doubt that the fiat issued by the Honourable President of the Court of Appeal in this matter was validly issued pursuant to Section 396 (7) of the ACJA.

    “However, because the prosecution has not yet closed its case to the satisfaction of Section 494 of ACJA, this matter can only proceed for continuation of trial when both parties agree to give their consent,” the judge held.

    The prosecution alleged that Nwaoboshi and Golden Touch Construction Projects purchased a 12-storey property known as Guinea House, Marine Road, Apapa, Lagos for N805million between May and June 2014.

    The anti-graft agency claimed that N322million out of the N805million was part of proceeds of “an unlawful act, to wit: fraud.”

    The defendants pleaded not guilty.

    Justice Idris adjourned till today to enable EFCC reconsider its position.

  • Senator faults EFCC’s bid to transfer ‘money laundering’ trial

    The Senator representing Delta North Senatorial District, Peter Nwaoboshi, Thursday accused the Economic and Financial Crimes Commission (EFCC) of trying to delay his trial for alleged money laundering.

    He asked Justice Mohammed Idris of the Federal High Court in Lagos to continue with the case rather than transferring it to another judge.

    EFCC arraigned Nwaoboshi, Golden Touch Construction Projects Limited and Suiming Electricals on April 25 for alleged N322million fraud.

    Read Also:Ekweremadu gives details of EFCC, Police siege to residence

    The prosecution alleged that Nwaoboshi and Golden Touch Construction Projects purchased a 12-storey property known as Guinea House, Marine Road, Apapa, Lagos for N805million between May and June 2014.

    The anti-graft agency claimed that N322million out of the N805million was part of proceeds of “an unlawful act, to wit: fraud.”

    The defendants pleaded not guilty.

    Trial had resumed before Justice Idris, with two witnesses testifying so far.

    However, the judge was elevated to the Court of Appeal in June.

    Nwaoboshi and other defendants, through their lawyers Dr Valerie Azinge (SAN), Mr C.A. Nmakwe and Mr I.O. Aniakor wrote to the Court of Appeal president Justice Zainab Bulkachuwa requesting that Justice Idris be given a fiat to conclude the case despite his elevation.

    The request was based on Section 396(7) of the Administration of Criminal Justice Act, 2015.

    It provides: “A judge of the High Court who has been elevated to the Court of Appeal shall have dispensation to continue to sit as a High Court judge only for the purpose of concluding any part-heard criminal matter pending before him at the time of his elevation and shall conclude the same within a reasonable time.”

    Justice Bulkachuwa had granted Justice Idris leave to conclude the case before resuming at the Court of Appeal.

    Trial was billed to resume yesterday, but EFCC lawyer Mr M.S. Abubakar opposed the move, praying that the case be transferred to another judge.

    He argued that Nwaoboshi’s case did not fall within ACJA’s definition of part-heard criminal cases which an elevated judge could continue with.

    According to him, Section 494 of the ACJA refers to cases in which the prosecution had called all witnesses and closed its case.

    Abubakar said the prosecution had not closed its case as it had only called two of six listed witnesses.

    Urging Justice Idris not to continue with the case, he argued that the ACJA section was illegal.

    “Section 396(7) is grossly unconstitutional. My Lord has ceased to be a judge of the Federal High Court, that fiat is unconstitutional. Counsel cannot, by consent, confer jurisdiction on the court where the court has none.

    “The fact that the court needs to have a fiat to continue with the hearing of the case is an indication that it had already lost its jurisdiction to entertain it. Parties and counsel cannot by consent confer jurisdiction on the court where none exist.

    “Section 494 of the ACJA has clearly defined the meaning of a part-heard case and no meaning should be read into it,” he said.

    But, Dr Azinge said she was surprised that the EFCC, which always accused high profile defendants of adopting delay tactics to frustrate their trial, was the one opposing Senator Nwaoboshi’s speedy trial.

    “The mischief rule sought to be remedied by the ACJA is to remove bottlenecks to speedy conclusion of criminal trials. This is a ‘part-heard’ matter with a fiat.

    “Re-assigning the matter to another judge will endanger its justice because the prosecution has already called its witnesses in the case,” she said.

    She said the section was enacted to cure delays that arise from the elevation of judges, adding that EFCC ought to champion its enforcement rather than rejecting the fiat granted Justice Idris.

    “In this case, a fiat has been issued and My Lord has come down from the Court of Appeal; this is the first time this is happening in the history of this country.

    “Arising from the clamour for expeditious trial of criminal cases by both the Bar and the bench, the legislature passed the ACJA; the legislators bought into our cry. Lawyers should not throw this away. In fact, I believe that this law should be exported to the rest of Africa,” she said.

    Nmakwe said the ACJA was enacted to cure the delays in criminal justice administration, urging the judge to reject EFCC’s prayer. “This enactment calls for judicial activism,” he said.

    Justice Idris adjourned until July 31 for ruling on whether or not to continue with the case.