Alleged N1.4bn Fraud: CJ Re-Arraigns NBA President Case To Another Judge
The Chief Judge of the Federal High Court, Justice Adamu Abdu-Kafarati, on Monday re-assigned the on-going trial of the President of the Nigerian Bar Association, Mr Paul Usoro (SAN) from Justice Muslim Hassan to Justice Chuka Obiozor.
Justice Abdu-Kafarati took the decision following a request from the embattled NBA President, seeking the transfer of the case on the ground that the alleged offence did not occur in Lagos but in Uyo, the Akwa Ibom State capital.
Both Justice Hassan and Justice Obiozor sit at the Lagos Division of the Federal High Court.
The Economic and Financial Crimes Commission (EFCC) had Arraigned Usoro before the court on a ten-court charge of laundering the sum of N1.4bn belonging to the Akwa Ibom State government.
The EFCC claimed that Usoro converted and laundered the money in connivance with the governor of his state, Governor Udom Emmanuel of Akwa Ibom State.
The anti-graft agency also alleged in the charge that the NBA President in connivance with the others mentioned in the charge conspired among themselves to commit the offence sometime in 2015 “within the jurisdiction of this honourable court”.
The EFCC maintained that the N1.4bn allegedly converted and laundered by the defendants belonged to the Akwa Ibom State Government.
The commission insisted that offence is contrary to Section 18 (a) of the Money Laundering (Prohibition) Act, 2011 and punishable under Section 15(3) of the same Act.
He, however, pleaded not guilty to the charge.
At the last sitting of the court, Usoro’s counsel, Chief Wole Olanipekun had objected to his client’s arraignment on the ground that a letter had been written by the NBA president to the Chief Judge of the Federal High Court, Justice Abdul-Kafarati seeking the transfer of the case from the court.
The senior lawyer said, “I owe a duty to advise the court that the defendant made available to his lawyers, a copy of a letter dated 17th December, 2018, addressed to the Chief Judge of the Federal High Court praying for the transfer of the case to any judicial Division between Uyo and Abuja or if in Lagos to any other judge apart from my lord presiding.
“The application is very innocuous and was written by virtue of the legal right of the defendant.
“We understand that a copy of the letter has been served on the court and since the letter is before the Chief Judge, the proper thing is to await his decision as a mark of respect for him”, the silk said.
But in his reply, Oyedepo, urged the court to discountenance Olanipekun’s submissions.
Oyedepo submitted that the ruling of the court fixing Tuesday for the arraignment of the defendant has not been set aside.
He was of the view that the defence can only raise any objection after the plea of the defendant has been taken.
The lawyer urged, “It was not the contention of the defence that the ingredient of the alleged offence did not take place in Lagos. The events that will lead to the transfer of the case to either Uyo or Abuja Division are not available.”
Oyedepo also maintained that apart from the letter to the CJ, there was no formal application before the court seeking a recuse, and that the prosecution was entitled to join issues on same.
In a short ruling, Justice Hassan held, “I have listened to the submissions of counsel, and I have also read the letter written to the Chief Judge.
“The issue for determination is narrowed down to whether the defendant can take his plea in the circumstance,” the judge noted.
Justice Hassan further held that although it is not in dispute that the Chief Judge reserved the right to transfer cases, the instant case was already assigned to his court.
He added that it is a rule that even where such application for transfer exists, the trial judge should continue with hearing of the case, pending any contrary decision.
After which he adjourned the case until February 5 for trial.
