The Nation Newspaper

Tag: Tayo Oyetibo

  • $1.6bn crude oil fraud: EFCC’s failure to produce witness stalls Omokore ‘s trial

    $1.6bn crude oil fraud: EFCC’s failure to produce witness stalls Omokore ‘s trial

    The prosecution’s failure to produce its witness before the Federal High Court, Abuja impeded progress yesterday in the trial of businessman, Jide Omokore and others for alleged diversion of $1.6bn proceeds of sales of Federal Government’s crude oil.

    The Economic and Financial Crimes Commission ( EFCC ) is prosecuting Omokore, his two companies – Atlantic Energy Brass Development Limited and Atlantic Energy Drilling Concepts Limited – and others on a nine-count charge of criminal diversion of about $1.6bn believed to be part of proceeds of sales of petroleum products belonging to the Federal Government.

    Also named as defendants in the case are a former Managing Director of the Nigerian Petroleum Development Company ( NNPC ), Victor Briggs; a former Group Executive Director, Exploration and Production of the NNPC, Abiye Membere and a former Manager, Planning and Commercial of the NNPC, David Mbanefo.

     Former Petroleum Minister, Mrs. Diezani Alison-Madueke was also named in the case until late last year when the court struck out her name on the ground that she was listed as a defendant.

    On Wednesday, the 4th prosecution witness, a Senior Manager with Stanbic IBTC Bank Plc, Adedayo Adesanmi confirmed that the bank froze the accounts owned by two of Omokore’s companies – Atlantic Energy Brass Development Limited and Atlantic Energy Drilling Concepts Limited – due to a worldwide freezing order.

    He said:“The bank got a worldwide freezing order. There were also negative press generated by the accounts and frequent invitation from security agencies because of the accounts.”

    The prosecution, led by Rotimi Jacobs (SAN) was to call another witness yesterday when Jacobs expressed his regrets to the trial judge, Justice Nnamdi Dimgba, over the failure of two scheduled witnesses to attend court on Thursday.

    He said his two witnesses that were from Lagos, were unable to make it to court yesterday despite  earlier assurances that they will attend court.

    Jacobs said one of the two witnesses was an investigative officer in the case, but was recently transferred from Abuja to Lagos.

    The trail judge, Justice Nnamdi Dimgba was uncomfortable with the turn of event and the prosecution’s failure to produce its witness.

    The judge noted that the prosecution had been dilligent in its handling of the case, but insisted that it must continue with the case.

    The judge suggested standing down the case for the witnesses to arrive to allow for progress in the case.

    At that point defence lawyers, including R.A Rabana-Lawal (SAN), Adeniyi Adegbonmire (SAN) and Tayo Oyetibo (SAN) said Jacobs had explained his difficulty to them before the commencement of proceedings.

    In view of the non-aversion of the defence to an adjournment, Justice Dimgba  reluctantly adjourned to March 1 and 2.

  • Why we can’t produce Tompolo – Lawyers

    Why we can’t produce Tompolo – Lawyers

    Lawyers representing a former Niger Delta militant leader, Government Ekpemupolo (aka) Tompolo, on Wednesday said they are not required to produce their client in court.

    Tayo Oyetibo (SAN) and Ebun-Olu Adegboruwa said it is not a defence counsel’s duty to produce an accused in court for arraignment, but the prosecution’s obligation.

    They referred to Paragraph 3 (b) of the Federal High Court Practice Direction 2013 which provides: “On the date of first arraignment, the prosecutor must produce the accused person in court.”

    Oyetibo and Adegboruwa, who filed an appeal on Tompolo’s behalf, were reacting to calls that they should produce their client in court or be disciplined by the Bar.

    It was suggested that since the lawyers are apparently in touch with Tompolo, who was declared wanted, they owe Nigeria a duty to produce him.

    But, the lawyers said Tompolo is entitled to appeal any order made against him, adding that in several instances, courts have quashed charges without an accused being present.

    According to them, in the case of Fawehinmi vs Attorney-General of Lagos State (1989), the Court of Appeal held that accused persons were entitled in law to take their objection to the charge irrespective of the fact that they were not physically present in court.

    “Thus, judges look at the facts of a case and the applicable law, but not sentiments, in deciding cases that come before them.

    “In Ezeugo vs Ohanvere (1978) 6-7 Sc 171, Justice Obaseki of the Supreme Court said:  “sentiments command no place in judicial deliberations, for if it did, our task would be infinitely more difficult and less beneficial to the society.’

    The lawyers said the notion that their colleagues who defend persons accused of corruption are aiding graft is misconceived.

    “May the day never come in Nigeria when lawyers would be afraid to take up the defence of persons accused of crime simply because of media backlash or editorial opinions,” they stated.

     

  • Ikuforiji’s trial adjourned

    Ikuforiji’s trial adjourned

    Justice Ibrahim Buba of the Federal High Court in Lagos yesterday adjourned the trial of Lagos State House of Assembly Speaker Adeyemi Ikuforiji.

    This was to enable his new lawyer, Wole Olanipekun (SAN), study the case file.

    Olanipekun, a former Nigeria Bar Association (NBA) president, took many by surprise when he announced his appearance as Ikuforiji’s lawyer.

    The speaker was previously represented by Mr Tayo Oyetibo (SAN), who was absent yesterday.

    The matter was slated for continuation of trial, but Olanipekun prayed the court for an adjournment to enable him study the case file as he had just been briefed.

    He said: “I have just been briefed, and a mountain of documents was passed to me this morning. A criminal matter is a serious business and should be handled with every sense of responsibility.

    “I have no alternative than to soberly appeal to your Lordship to grant me an adjournment so that I’ll study the file to see how to assist the course of justice as a newly brought-in counsel. This is my humble prayer.”

    Economic and Financial Crimes Commission (EFCC) lawyer Chief Godwin Obla (SAN) did not object to Olanipekun’s request.

    Mr Tunde Akinrimisi, who represented Ikuforji’s Personal Assistant Oyebode Atoyebi, charged with Ikuforiji, also did not object to the application.

    Justice Buba, who marked his 10th anniversary as a judge of the court yesterday, vacated previous dates slated for trial and adjourned till March 17 and 18 for continuation of hearing.

    EFCC had re-arraigned Ikuforiji and Atoyebi on an amended charge of money laundering, to which they pleaded not guilty.

  • EFCC vs Ikuforiji: Court adjourns indefinitely

    EFCC vs Ikuforiji: Court adjourns indefinitely

    The trial of Speaker of the Lagos State House of Assembly, Mr. Adeyemi Ikuforiji, for alleged money laundering, has been adjourned sine dine (indefinitely).

    Justice Okechukwu Okeke of the Federal High Court, Lagos, said the case will be assigned to a new judge.

    He accused the prosecution of deliberately delaying the case, saying the court is being “blackmailed”.

    “The case has witnessed an unprecedented delay by the prosecution,” the judge said.

    With the transfer of the case, the defendants will be re-arraigned and trial will begin de novo (afresh).

    Justice Okeke gave the ruling without any application by any of the parties.

    He will retire on May 18, sources said.

    The Economic and Financial Crimes Commission (EFCC) charged the Speaker and his aide Oyebode Alade Atoyebi with allegedly accepting over N500million from the Assembly.

    It said they did so without passing through a financial institution, an allegation the defendants denied.

    But 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.

    Ikuforijiâs counsel Tayo Oyetibo (SAN) recalled that on October 21, last year, the court had indicated that 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,” he said.

    EFCC’s lead counsel, Godwin Obla, later withdrew from the case, saying the scheduled dates for trial (13 days in March) did not favour him.

    I submit that the defence has never asked for an adjournment in this matter.

    “This is a case where the defendant is begging to be prosecuted. I urge your lordship to dismiss this case,” Oyetibo said.