Archive

Omokore’s attempt to dismiss N1.6billion fraud case fails

257

Mr Jide Omokore, a business ally of former Petroleum minister, Diezani Alison-Madueke has his hope to quash a $1.6billion fraud charge against him dashed.

Justice Nnamdi Dimgba of the Federal High Court sitting in Maitama, Abuja on Thursday, struck out his application seeking to dismiss the charge preferred against him and others by the Economic and Financial Crimes Commission, EFCC.

The judge also refused the application seeking to strike out an additional proof of evidence dated June 7, 2017 tendered by the EFCC.

Other defendants in the suit are Victor Briggs, Abiye Membere, David Mbanefo, Atlantic Energy Brass Development Limited and Atlantic Energy Drilling Concepts Limited.

Omokore and his co-defendants are standing trial on nine-counts of criminal diversion of about $1.6bn alleged to be proceeds of the sale of petroleum products belonging to the Federal Government.

At the resumed sitting today, Membere’s counsel, Folabi Kuti, prayed for an order dismissing the charges and setting aside the proceedings.

He also asked the court to (in the alternative) strike out the additional proof of evidence containing a witness’ statement obtained on June 7, 2017 and filed on June 9, 2017 by the prosecution.

Kuti argued that the act of the prosecution constituted an abuse of court process and negated the principle of the Administration of Criminal Justice Act, ACJA 2015.

According to him, “what the prosecution filed, in the real sense of it was not an additional proof of evidence but a statement of a witness obtained only on June 7, 2017”.

He contended that the witness’ statement obtained after the prosecution had called two witnesses showed that investigation of the case was ongoing contrary to the provisions of the ACJA and Rule 3 of the Federal High Court’s Practice Direction on criminal matters.

Other defence counsel did not file any process either for or against the application and only said that they would leave the decision to the court.

Counsel to the EFCC, Rotimi Jacobs, SAN, said that the application was “based on a false premise”.

He noted that the purpose of front-loading the documents to be used by the prosecution was merely to bring the case of the prosecution to the attention of the defendant in line with Section 36(6) of the 1999 Constitution.

The learned silk argued that by virtue of Section 379(2) of ACJA, the prosecution was entitled to file an additional proof of evidence at any stage of the trial.

“Even if the practice direction had supported Membere’s contention, the practice direction, a directive by the Chief Judge of the Federal High Court, cannot override the provision of ACJA, which is an Act of Parliament.

“The applicant by asking the court to strike out the charges is asking for a tall order. He is ambitious”, Jacobs submitted.
In his ruling, Justice Dimgba held that an alleged violation of the Federal High Court’s practice direction on criminal matters as argued by Membere’s counsel, could not rob the court of its jurisdiction to hear a criminal case.

The judge held that the jurisdiction to hear a criminal case was vested on the court by the statues prescribing the offences on which the defendants are being tried and not the practice direction.

“By virtue of the provisions of the Advance Fee Fraud and Other Related Offences Act and the Money Laundering (Prohibition) Act, the court had been conferred with the jurisdiction to hear the case which involved the offences of advance fee fraud and money laundering preferred against the defendants”, Justice Dimgba held.

Justice Dimgba also held that Section 379(2) of the Administration of Criminal Justice Act 2015, cited by the applicant, allowed the prosecution to file additional proof evidence at any stage of the trial.
He added that the law did not limit the prosecution to specific types of additional evidence either documentary or oral that could be filed in court in the course of the trial.

The judge held that to interpret the laws “as construed” by the defendant would violate the said section 379(2) of ACJA and would create a “judicial clog” in the procedure of prosecution established by the law.
He added that the remedy available to the defendants was not to ask for the dismissal of the charges but to request more time to enable him to study the newly filed document.
“I’m of the view this application is not deserving to be granted and it is accordingly dismissed”, the judge ruled.
Justice Dimgba, after dismissing the application, adjourned till July 5, 2017 for continuation of trial. NAN

Leave a comment

Related Articles

El-Rufai orders removal of roadblocks at state boundaries

Kaduna State Government on Monday directed that all roadblocks at the various...

BREAKING: PDP gets ex-parte order from conducting Edo primaries on June 25

Ill-fortune appears to have dogged the reelection bid of Gov. Godwin Obaseki...

BREAKING: Senate Passes 2020 Budget

The senate, on Thursday, passed the 2020 Appropriation bill after the adoption...

Update: Jonathan silent after closed-door meeting with Buhari

  Former President Goodluck Jonathan, has kept mum after his closed-door meeting...

Profit Grows at Transcorp Hotel as Demand Thrives in 2018

Transcorp Hotel shareholders get 15k dividend, as company grows profit by 38%...

FG shuts land borders for elections

The Federal government has directed that all Nigerian land borders should be...

Elections: Buhari to address Nigerians in special nationwide broadcast

In preparation for the general elections scheduled for February 16 and March...

CCT orders police to arrest CJN Onnoghen

The Code of Conduct Tribunal has ordered the Inspector-General of Police and...

Is Being Nigerian a Misfortune?

By By Omoshola Deji Nigerian is reminiscent of someone destined to be...

Buhari set to visit troops fighting Boko Haram in Borno front line

President Muhammadu Buhari is set to visit troops on the frontlines of...

Buhari endorses N30,000 minimum wage 

President Muhammadu Buhari has endorsed N30,000 minimum wage recommendation by Tripartite Committee...

Civil War Looms in APC, As Primaries Divides Party in At Least A Dozen States

As the All Progressives Congress party struggles to find its identity this...

APC postpones contentious Lagos, Imo governorship primaries

The All Progressives Congress (APC) has announced that the governorship primaries for...

Only Our Friends Will Get Our Dollars – Trump At The UN, Says ‘America First’

President Trump defended his “America First” agenda in a speech to the...

Efe Kimono, wife of Ras Kimono Dead

Barely a month after the dub master Ras Kimono was buried, his...

DSS DG Daura Visits Osinbajo

Acting President Yemi Osinbajo, SAN, GCON, host DG DSS Lawal Daura  and...

Former minister Jumoke Akinjide, remanded in prison over N650m fraud

Former Minister of State for the Federal Capital Territory (FCT), Jumoke Akinjide,...

Buhari calls for unity in Eid-el-Fitr message

President Muhammadu Buhari called for unity in his Eid-el-Fitr message to Nigerians,...

Acting President Says Taraba Attacks Masterminds Will be Punished

Acting President Yemi Osinbajo, SAN, has condemned the horrific attack that has...

The Day in Pictures: Osinbajo At The Graduation Ceremony of Armed Forces Command & Staff College

Per Second News—-Acting President Yemi Osinbajo attends the Graduation Ceremony of Armed...