Proceedings were stalled yesterday in the trial of a cousin to former President Goodluck Jonathan, Robert Azibaola and others owing to the failure of the prosecution to present its witness.
A similar scenario played out on January 30, when the case last came up.
Azibaola, his wife, Stella and their firm, One Plus Holdings Nigeria Limited, are being tried on a seven-count charge of money laundering at the Federal High Court, Abuja.
They are accused by the Economic and Financial Crimes Commission (EFCC) of, among others, unlawfully receiving about $40million from the former National Security Adviser (NSA), Sambo Dasuki. They denied the allegations.
When the case was called yesterday, lead prosecution lawyer Francis Jirbo told the court the prosecution was having difficulties calling witnesses in the order the prosecution intended.
Jirbo, who sought the court’s indulgence to enable the prosecution explore efforts to produce other witnesses, said it (the prosecution) would resort to the court for the necessary orders should its efforts fail.
When asked by the judge, Justice Nnamdi Dimgba, the nature of the witnesses, Jirbo said three of the six remaining witnesses the prosecution intends to call were from outside the EFCC and the other three were operatives of the EFCC.
When asked why he did not call the three EFCC officials, who were readily within his reach, Jirbo said it would disrupt the sequence with which the prosecution wishes to conduct its case.
When reminded by the judge that the last adjournment was also because the prosecution could not produce its witness, Jirbo prayed the court for the last indulgence.
Defence lawyer Goddy Uche (SAN), who did not object to the prosecution’s request for adjournment, wondered why Jirbo failed to call the EFCC officials, who were readily available.
Before adjourning to April 27 for the continuation of trial, Justice Dimgba noted that it was not for the prosecution to be concerned with any sequence of presentation of its witnesses.
Tag: prosecution
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Prosecution’s failure to produce witness stalls Jonathan’s cousin’s trial
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How to improve prosecution, by experts
Participants at a workshop have identified ways of improving prosecutorial processes to enhance the administration of criminal justice in the country.
They examined the role of the prosecutor in women and child trafficking across the globe, urging prosecutors to adopt international best practices.
The workshop, attended by Directors of Public Prosecution (DPP) and prosecutors from around Nigeria, held at the Lagos Business School (LBS).
It had as theme: Effective public prosecution and defence: Essentials for success.
The workshop was organised by the LBS and Conference of Western Attorneys-General. It had Chief Anthony Idigbe (SAN), Director of Research, LBS, Prof OlawaleAjai, former Lagos State Solicitor-General, Mr. Fola Arthur-Worrey, Chief Federal Deputy and General Counsel, United States, Parker Douglas and Attorney-General of the State of Utah, United States, Sean Reyes as facilitator and principal resource persons.
Arthur Worrey spoke on areas that could boost prosecution. He said: ”The major challenge is how to manage the process and recommended a reward system for good and honest prosecutions, motivation, proper investigation, dignity of the prosecutors, deployment of technology, acceptable leadership, welfare scheme for prosecutors, addressing ethical issues and also recommended that a percentage of recovered proceeds from crime should be retained by the prosecution agencies to help improve their infrastructure.”
The event targeted attorneys-general from the 36 states, directors of public prosecution and prosecutors in the ministries of justice and investigative agencies, the participants had opportunity to interact with seasoned prosecutors from different jurisdictions, to share experiences and compare notes.
The course content took participants through themes in prosecution, including The role of attorneys-general in public prosecution and criminal justice system, Case preparation, effective and ethical practice as DPP and Attorney-general, ethical criminal justice practice: How possible, how true? Prosecuting a corruption case: From ‘Honest graft’ to conflict of interest.
Idigbe said: ‘’It’s not unusual for convicts to forfeit proceeds of the crime of the object of the crime, like drugs and the challenge most times is, to whom do your forfeit those proceeds?
“Another challenge is the relationship between the DPP and the Police, where we hear often ‘DPP’s advice is being awaited and this should be so. We need both the DPP and the police, in other countries, the police actually report to the DPP who is totally in charge of investigations, and I hope we’ll get there someday in Nigeria.
“Also, we have the worrisome issue of Holding Charge, and my personal view is that we should try to strengthen the presumption of innocence before conviction and enshrined in the Constitution. The investigating agencies should step up their act and ensure that they conclude investigation before arraignment before a court. Then, when there is absolute need to seek for extension of time, they should go to the proper court which has proper jurisdiction to get such extension to properly detain a crime suspect.’’
Idigbe continued: “I am strongly of the view that the office of Attorney-General and Minister of Justice, where the Attorney-General deals strictly purely legal matters and don’t get distracted with the politics associated with the office. For instance, the Minister of Justice can deal issues of policy, funding and attending Council of State meetings, while the Attorney-General should be at the implementation side, handling cases on behalf of the government, prosecuting and other purely legal issues.”
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Our case against Supreme Court’s Justice Ngwuta, by prosecution
The prosecution team in the case involving Supreme Court Justice Sylvester Ngwuta has finalised plans for its successful prosecution.
Justice Ngwuta was arraigned before a Federal High Court in Abuja on November 21 on a 16-count charge bordering on allegations of corrupt enrichment, violations of money laundering laws, passport fraud and attempt to obstruct justice.
The charge, filed by the office of the Attorney-General of the Federation (AGF), is being prosecuted by a team led by a former prosecutor of the International Criminal Court (ICC), Charles Adeogun-Phillips.
It was learnt yesterday that the prosecution had lined up some contractors allegedly engaged by Justice Ngwuta as its witnesses in a bid to show how the judge allegedly disbursed huge cash from doubtful sources.
The Nation learnt that the prosecution planned to lead evidence to reveal how Justice Ngwuta, a serving public servant, had under his direct control, within January and October 2016 over N500m, when his legitimate annual earnings amounted to N24m.
A copy of the prosecution’s case summary sighted by The Nation yesterday, revealed that it intended to call a building contractor allegedly engaged by the defendant, and to who he paid N313m within January and September 2016 in cash (mostly 100 US dollars denomination).
The prosecution also intends to call an architect engaged by the defendants in 2015 and to who he (the judge) allegedly paid $180,000 cash within a month.
“Investigators will further tell this court how, during a search at his (judge’s) residence, on October 7, 2016 cash totalling N35,358,000; $319,596 and £25,915 were found in the defendant’s possession.
“Another witness will testify that the defendant’s total annual income, including allowances in 2016, amounted to approximately N24m.
“It beggars belief how a serving public servant could have had under his direct control, in 10 months period, spanning between January and October 2016, cash in excess of N500m.
“The prosecution intends to show that these substantial sums of money under the defendant’s control were far in excess of his legitimate and known source of income as a Justice of the Supreme Court, for which the defendant can provide satisfactory explanation as to how he came about them.”
The prosecution also plans to call a witness to show that the defendant allegedly misled the Nigerian Immigration Service into issuing him with four valid passports – two diplomatic and two standard Nigerian passports.
“Having previously declared to the said Immigration Service on oath that he had lost two of these passports, the defendant was later found with all four passports during a search at his residence on October 7, 2016.
“The evidence to be adduced by this witness would reveal further how, in a deliberate attempt to disguise his movement in and out of Nigeria, the defendant continued to travel with the passports, which he had previously declared lost, simultaneously and/or concurrently, with the new passports, which have been issued to him as replacements.”
An attempt by the prosecution to open the trial yesterday was opposed by the judge, who begged for time to prepare his defence.
When the case was called yesterday, Adeogun Phillips indicated his intention to open the prosecution’s case by first, providing the case summary, as required under Section 300(2) of the Administration of Criminal Justice Act (ACJA).
He told the court that three of his witnesses were in court and were ready to testify.
Adeogun-Phillips said the prosecution intended to conduct its case swiftly in compliance with the ACJA. He sought a day-to-day trial.
Lead defence lawyer Kanu Agabi (SAN) objected to Adeogun-Phillips’ move to open the prosecution’s case.
Agabi said the defence required sufficient time to prepare. He relied on the provisions of Section 36(6) of the Constitution, which he said was superior to Section 396(3) relied on by the prosecution lawyer to request for a prompt trial.
Ruling, Justice John Tsoho agreed with Agabi that the provision of the Constitution supersedes that of the ACJA.
The judge said the constitutional provision in Section 36(6) to the effect that any person charged with an offence requires adequate time to prepare his/her defence “extends to psychological and emotional readiness”.
He consequently adjourned till January 18 for the opening of the trial.
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Nigerians in U.S. seek party chair’s, others’ prosecution
A United States (U.S.)-based interest group, Nigeria Coalition for Change (NCC), yesterday backed the All Progressives Congress (APC) National Leader Asiwaju Bola Ahmed Tinubu on the crisis rocking the ruling party.
The NCC, in a statement signed by its Coordinator, Samuel Ayodele, demanded the arrest and prosecution of the APC National Chairman, John Odigie-Oyegun and some National Working Committee (NWC) members for their roles in the alleged fraud that tainted the Ondo State APC governorship primary.
NCC, in the statement, said Tinubu was right in condemning the alleged irregularities, which marred the conduct of the APC primary.
The group described the alleged conspiracy against Tinubu by fellow party chieftains as “a desperate attempt to subjugate the voice of the Yoruba race in the APC”.
It expressed dismay at how the ruling party failed to conduct unfettered investigation into how the Ondo APC primary was “criminally rigged” and punish the perpetrators of the nefarious act.
The NCC expressed shock that the whistleblower was singled out for attack, rather than the perpetrators.
It called on the nation’s security agencies to investigate from who among the NWC members the allegedly padded delegates’ list emanated, saying this remains the best way to entrench internal democracy in the party and curtail criminal act.
The group urged President Muhammadu Buhari and the APC not to subject the country into more ethnic divisions, saying what the country needs at this crucial period is unity of purpose to survive its recession.
It called the leaders of all political parties to be vigilant and be ready to defend the former Lagos State governor to forestall the repeat of history.
The NCC called on Ondo people to reject the infraction committed by APC leaders in the Ondo primary to send a signal to those abusing their powers and despising other races that sovereignty belongs to the people.
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NJC fires appeal court justice, Enugu CJ
…Auta to face prosecution
The careers of three top judges including the Presiding Justice of the Court of Appeal, Ilorin division, Justice Mohammed Ladan Tsamiya and the Chief Judge of Enugu State, Justice I. A. Umezulike, are hanging by a thread.
The National Judicial Council (NJC) has recommended their compulsory retirement and the dismissal of a third – Justice Kabiru M. Auta of the High Court of Justice, Kano State with immediate effect -for official misconduct.
Auta is also to be handed over to the Assistant Inspector-General of Police, Zone 1, Kano State, for prosecution.
They are to proceed on suspension immediately pending the acceptance of the NJC recommendations by President Mohammadu Buhari (in the case of Justice Tsamiya), Enugu Governor Ifeanyi Ugwuanyi (in the case of Justice Umezulike) and Kano Governor, Abdullahi Umar Ganduje (in the case of Justice Auta).
The acting Director (Information) of NJC Mr. Soji Oye, broke the news in a statement Friday.
Tsamiya is said to have abused his office after according to the NJC, he accepted bribe in respect of a 2015 election case pending before an appeal panel in which he was a member.
The council indicted Umezulike for conducting himself in a manner that conflicted with his position as a judicial officer, while Auta is said to have collected money from a contractor, promising to facilitate the award of a contract to him.
He failed to deliver on his promise.
Oye said the decision was reached at the last NJC meeting held on September 29, 2016.
He said: “Hon. Justice Mohammed Ladan Tsamiya of the Court of Appeal was recommended for compulsory retirement from office to President Muhammadu Buhari, pursuant to the ‘findings’ by the Council in the petition written by Nnamdi Iro Oji against him and Hon. Justices Husseini Muktar, F. O. Akinbami and J. Y. Tukur, all Justices of Court of Appeal who sat on Election Appeal panel in the Owerri division of the court during the 2015 general elections.
“The petition contains the following allegations, among others:- Corruption, malice and vindictiveness; and giving perverse and conflicting decisions on the same issue in similar matters in appeal CA/OW/EPT/SN/50/2015: Chief Dr. David Ogba Onuoha Bourdex vs. Hon. Mao Onuabunwa & Anor;CA/OW/EPT/SN/47/2015; Dr. Orji Uzor Kalu & Anor vs Hon. Mao Ohuabunwa & Ors; and CA/OW/EPT/HR/61/2015: Nnamdi Iro Oji Vs Nkole Uko Ndukwe & 16 Ors.
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Alleged N2b fraud: Prosecution faults Oronsaye’s co-accused claim of compulsion
•Judge grants ex-HOSF permission for foreign medical trip
The prosecution in the trial of former Head of Service of the Federation (HOSF), Steve Oronsaye and three others has faulted claim by his co-accused that his interrogators compelled him to admit the crime in a confessional statement.
Oronsaye is being tried with Osarenkhoe Afe and four companies – Fredrick Hamilton Global Services Limited, Cluster Logistic Limited, Kangolo Dynamic Cleaning Limited, and Drew Investment& Construction Company Limited.
Oronsaye and Afe were alleged to have engaged in fraudulent transactions between 2010 and 2011, using the companies for offences ranging from procurement fraud, to money laundering and advance fee fraud.
At the commencement of trial in the case on June 14, 2016, the prosecution sought to tender the statement made by Afe, but was opposed by his lawyer, Oluwole Aladedoye, who argued that it was obtained from his client by force.
Trial judge, Justice Gabriel Kolawole upheld the objection and fixed June 21, 2016 for the commencement of a trial-within-trial to determine whether the statement was obtained by force as alleged by Afe.
The trial-within-trial commenced yesterday, with the first witness called by the prosecution – Miss Roukayya Ibrahim – an operative with the Economic and Financial Crimes Commission (EFCC), telling the court that the statement written by Afe on February 24, 2011 was obtained from him without any duress or oppression.
She said: “Before he was invited to come to the EFCC, investigations into his company, Frederick Hamilton Global Services Limited, and another one Innovative Solutions Limited, was already on for about a year, concerning payments both companies received from the office of the HOSF.
The witness insisted that the statement was obtained from Afe without the use of force, and “it was based on our discovery during investigations, that he was invited to come and explain payments made to him.
“After the oral interview I had with him, I wrote the cautionary words on our statement book and gave it to him to read, and told him that he was not under any threat or duress to write the statement.”
Led in evidence by prosecution lawyer, Leke Atolagbe, Miss Ibrahim told the court that she explained to Afe that “whatever he chooses to say must be put into writing and that in event that he is charged to court, it may be used in evidence against him”.
She said Afe afterwards, appended his signature under the cautionary note. She noted that at about 2.25pm, Afe then put down his statement, based on the questions asked him, and afterwards signed and dated it.
The witness added: “It was a voluntary, free statement, I only asked him questions to clarify issues, and his response was based on documents I showed him.”
Under cross-examination, Aladedoye told the witness that his was “bullied” into making the statement. He said at 7.15am, on February 24, 2011, two operatives of the EFCC had gone to Afe’s house in the company of a mobile policeman, and “parked his laptop, seized his mobile phones, and took him to the EFCC office at about 8am”, hours before Ibrahim encountered him.
In response, the witness said it is part of operational duties for security purposes to have a mobile policemen accompany EFCC operatives on assignment. She added: “I can categorically tell you that he was not bullied.”
Earlier, Oronsaye’s lawyer, Ade Okeaya-Inneh (SAN) informed the court about an affidavit he filed, dated June 13, 2016 seeking for the release of Oronsaye’s international passport to enable him travel overseas for medical attention.
Justice Kolawole adjourned to June 28 to for the prosecution to produce its other witnesses in the trial-within-trial.
He ordered the release of Oronsaye’s international passport to his lawyers – Kanu Agabi (SAN), Okeaya-Inneh (SAN) and Joe Agbi (SAN) – ”who are to serve as sureties or guarantors, and he is at liberty to travel through the 2015/2016 Summer recess of the court, which begins after July 11, 2016 and ends September 12, 2016 to attend to his health, and must 72 hours after his return, return his passport to his three counsels, who must submit same to the Deputy Chief Registrar Litigation of the Federal High Court.”
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Ejigbo three: Prosecution closes case June 16
THE prosecution will close its case against 10 persons accused of abusing three women at Ejigbo market two years ago on June 16, an Ikeja High Court heard yesterday.
Leader of Oba Morufu International Market, Ejigbo, Lagos, Isiaka Waidi and nine others are being tried for allegedly assaulting Mrs. Ajoke Agomo, her daughter, Nike Salami and her step daughter, Juliana Agomo.
The Director of Public Prosecution (DPP), Mrs. Idowu Alakija, told the court that she has only one witness left to call before closing the case.
She requested for a short adjournment to enable her bring the witness.
“My Lord, we are requesting for a short date for adjournment in this matter. We have only one more witness who is going to give a brief testimony in this matter.” Alakija said.
Justice Oluwatoyin Ipaye granted her request and adjourned till June 16.
Earlier, the court heard that Waidi lied to the court on his role in the alleged assault of the women.
A witness, Olabisi Adejumo, an Assistant Superintendent of Police (ASP) attached to the Federal Special Anti-Robbery Squad (FSARS), told the court that Waidi was on the crime scene, contrary to his claim that he was not there.
Led in evidence by the Mrs Alakija, Adejumo narrated how Waidi’s role was investigated.
“As a member of the investigating team, I acted as an interpreter when getting the statement of the first defendant (Waidi). I visited his house with members of my team while executing the search warrant and also recorded his statement. The defendant claimed that he was only at the crime scene at the beginning of the assault on the victims and that he left for a meeting at Alausa. But our investigations revealed that his claims were not true. He was also in custody six months during the investigation.”
Waidi (61) and the others, said to be Oodua People’s Congress (OPC) members are alleged to have poured pepper into the women’s private parts for alleged pepper theft.
The others are Buhari Yusuf (22), Abdullahi Haruna (20), Saheed Adisa (29), Lateef Tijani (37), Ahmed Adisa (65), Azeez Akinosun (36), Jimoh Busari (50), Adekunle Adenuga (38) and Oloruntoyin Dauda (46) – the market’s women leader.
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Prosecution closes case in Orubebe’s trial with one witness
•Ex-Niger-Delta Minister to open defence May 31
After calling just one witness, the prosecution team in the trial of ex-Niger-Delta Minister, Godsday Orubebe announced the closure of its case yesterday.
Orubebe is being tried before the Code of Conduct Tribunal (CCT) in Abuja on a one-count charge of false asset declaration.
He is accused by the Code of Conduct Bureau (CCB) of failing to declare his ownership of a landed property in Abuja.
The prosecution witness, Samuel Madojemu, an official of the CCB, had, in his evidence-in-chief on April 7 gave details of how his agency (CCB) discovered a property owned by the ex-minister in Abuja which he allegedly refused to disclose.
Madojemu said Orubebe failed to declare the property identified as Plot 2057, Asokoro District, Abuja, while he served as a minister between 2007 and 2011.
He said Orubebe submitted five asset declaration forms to the CCB between 2007 and 2011.copies of the forms were admitted by the CCT as exhibits.
On how the CCB discovered that the ex-minister owned the property, the witness explained that the Certificate of Occupancy (CoO) for the property obtained from the Department of Land Administration of the Federal Capital Territory (FCT) revealed that it was issued to Orubebe on April 10, 2011 but that the former minister failed to declare it as of the time of leaving office on May 29, 2011.
Madojemu was led in evidence by lead prosecution lawyer, Mohammad Diri (the Director of Public prosecution of the Federation).
The witness said Orubebe ignored the CCB’s invitation to him to make statements during the investigation of the case.
The prosecution also tendered some documents through the witness.
Yesterday, the defence team, led by Selekowei Larry (SAN) completed its cross-examination of Madojemu, following which prosecution lawyer, Ejike Orji announced the decision to close its case.
“My lord, that will be all for the prosecution. We are satisfied with the evidence of the prosecution witness,” Orji said.
When asked to open his client’s case, Larry sought for time to prepare the defence’s witnesses. He said the defence was not aware the prosecution would end its case so soon.
He said the defence intends to call just two witnesses to prove its innocence.
Tribunal Chairman Danladi Umar adjourned to May 31 for the defence to open its case.
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IGP orders arrest, prosecution of black marketers
The Inspector-General of Police (IGP), Solomon Arase has directed all Zonal Assistant Inspectors-General of Police (AIG), FCT and other State Commands Commissioners of Police (CP) to arrest anybody found selling petrol and other petroleum products in plastic container.
The Police High Command explained that the order became imperative following untold suffering and hazard emanating from the activities of black marketers.
The IGP also noted that the act has led to fire outbreaks, thereby rendering many homeless.
This is contained in a statement in Abuja Tuesday by the Force Spokesperson, Olabisi Kolawole.
According to the statement: “…apart from the hardship this act is causing to fuel buyers, it has also rendered some innocent and law abiding citizens homeless due to fire outbreak from jerry-can petrol storage.
Arase while warning fuel attendants at filling stations to desist from selling petrol inside jerry-can and plastic container added that the buyers and the sellers of the products if caught will be arrested and prosecuted under the law.
He also noted that fuel products such as petrol are highly flammable and if not stored and handled properly, can seriously endanger people, property and the environment.
The IGP who assured Nigerians of Police readiness to fulfill its constitutional mandate also solicited for a cordial relationship between the Force and Nigerians.
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Ekiti kicks against ‘prosecution’ of PDP leaders
The Ekiti State government has kicked against an alleged plan by the Office of the Attorney General of the Federation and Minister of Justice to prosecute some Peoples Democratic Party (PDP) members for their alleged complicity in the rigging of the June 21, 2014 governorship poll.
The government claimed that the report of the Military Board of Inquiry led by Maj.-Gen. Adeniyi Oyebade is being dusted to prosecute the PDP chieftains accused of participating in the alleged electoral malfeasance.
The Attorney General and Commissioner for Justice, Owoseni Ajayi, in an open letter to the Attorney-General and Minister of Justice, Abubakar Malami (SAN), insisted that the military panel is not an appellate body over the Supreme Court.
In a copy of the letter made available to reporters yesterday, Ajayi said the sanctity of the judicial process and respect for the principles of federalism must be adhered to.
Ajayi posited that the AGF was vested with prosecution powers under Section 174 of the 1999 Constitution (as amended) but that the powers are neither absolute nor unlimited.
He said: “Therefore, unless an alleged criminal act constitutes an offence under a federal enactment, the Attorney General will definitely be acting ultra vires by any purported move to prosecute an alleged offender before any state or federal court without a fiat by the Attorney General of the state.
The commissioner added that the findings of the Nigerian Army Board of Inquiry did not emanate from an Election Petition Tribunal as specified by the Electoral Act.
He added that as such any recommendation could not be the basis or grounds for criminal prosecution of anybody