By Taiye Agbaje
The Federal High Court in Abuja, on Wednesday, ordered the Economic and Financial Crimes Commission (EFCC) to produce Yakubu Adamu, Commissioner of Finance, Bauchi State, in court on Dec. 30 for arraignment over alleged N4.6 billion money laundering.
Justice Emeka Nwite, who gave the order after EFCC’s lawyer, Samuel Chime, failed to produce Adamu in court to take his plea, threatened to sanction the prosecuting counsel if he failed to come with the defendant in the next adjourned date.
The News Agency of Nigeria (NAN) reports that although Adamu, alongside a firm, Ayab Agro Products and Freight Company Ltd, were listed for arraignment on Tuesday, the case could not proceed due to the absence of the EFCC’s lawyer and the defendants.
However, the defendants’ team of lawyers, led by Chief Gordy Uche, SAN, was in court.
Justice Nwite then adjourned the matter until Dec. 24 for the defendants to take their plea.
When the matter was called on Wednesday for the defendants to take their plea, Adamu was not in court.
Chime then tendered an apology for his inability to be in court the previous day.
He said though the matter was scheduled for arraignment today, the prosecution had a few challenges.
“If my lord will notice, the defendant is not in court in that we intend to amend our charge and bring in other defendants who are at large in the charge,” he said.
Th lawyer said the two persons listed as “being at large” wrote to the anti-graft agency that they would be honoring their invitation, hence, the need to amend the charge against Adamu and joined the others.
Chime said that since the remand order obtained would be expiring, he applied for an extension of the order to enable them bring all the defendants for arraignment on Dec. 30.
Responding, Uche, who appeared for the defendants, vehemently opposed Chime’s application for adjournment.
He argued that such application was not made in good faith.
“We feel that the prosecution can amend the charge at any time before judgment.
“As of today, there is a charge before the court against the defendant which the defendant can take a plea on while the prosecution can amend at any time,” he said.
The senior lawyer said it is the right of the prosecution to bring in as many defendants as its wishes.
He said since a charge is before the court, “it prosupooses that the investigation has closed.”
According to him, it is also pertinent to say that we have filed a motion for bail and the prosecution has filed a counter affidavit.
Uche argued that as at the time the commission responded to their bail application, they never mentioned that the investigation had not closed or that they were looking for anybody.
“So the matter is ripe for the arraignment and for the motion for bail my.lord,” he said.
He, therefore, applied that the matter be stood down so that Adamu could be produced to take his plea.
“My lord, the 1st defendant is the commissioner of Finance for Bauchi State.
“Since his detention, more than 60, 000 of the workers have not been paid.
“They (workers) may even go on Christmas break without salaries, so it goes beyond one person.
“The entire Bauchi State has been shutdown down,” he said.
Uche added that no sooner had he got the Tuesday’s proceedings than he ensured that the prosecution was served yesterday to show the urgency of the matter.
“And they want the workers to go without salaries.
“The situation is really critical my lord. I have the Attorney-General of Bauchi State here with me and he can also talk on the matter.
“It goes beyond the December 30th being sought by the prosecution,” Uche said.
Chime told the court that he was only asking for an adjournment to ensure a uniformed arraignment for the defendants, insisting that the investigation had already been concluded.
“So why didn’t you wait for this before filing this charge?” the judge asked,but Chime said the two suspects came to their Bauchi office the previous day.
“So what assurance are you given me that you will produce them on next adjourned date?” the judge asked.
“If they are not here my lord, we will proceed,” Chime said.
Justice Nwite, who expressed dismay over Chime’s response, said: “In as much as you are not ready, why will you bring the charge? I detest this absolutely.”
“We are sorry my lord,” Chime begged.
But Uche, who insisted that the matter be stood down so that Adamu could be brought to court, said the defendant’s liberty was at stake.
“Now I asked you what will you undertake if the other defendants were not here on the next adjourned date?” the judge asked Chime.
“We will go with the defendant’s arraignment,” the EFCC’s lawyer restated.
“This is not fear what you people are doing. It is uncalled for and quiet unprofessional.