N3.3bn Fraud: Fayose’s Lawyer Expresses Displeasure Over Transfer Of Case To Another Judge

One of the lawyers to Mr. Peter Ayodele Fayose, the former governor of Ekiti State, who is standing trial of alleged N3.3 billion, before a Federal High Court, Lagos, Mr. Olalekan Ojo, a Senior Advocate of Nigeria (SAN), today, said the Court’s Chief Judge, Justice Adamu Abdul-Kafarati, committed Constitutional error for transferring the case to another judge for trial.

The Economic and Financial Crimes Commission (EFCC) had commenced the trial of Fayose and his company, Spotless Limited, on an 11 count charge of alleged N3.3 billion fraud before Justice Cecilia Mojisola Olatoregun, on October 22, 2018.

But Fayose had pleader not guilty to all the counts of the charge.

On March 20, there was an open altercation in court between Justice Olatoregun and the prosecutor Rotimi Jacobs, a Senior Advocate of Nigeria (SAN). And as a result of the altercation, the anti-graft agency wrote a petition against the judge to the court’s Chief Judge.

In the petition dated May 21, and signed by the acting Chairman, Ibrahim Magu, had called for the need to transfer the case from Justice Olatoregun. It noted that it became imperative on the grounds that it had “lost confidence” in her.

Based on the petition against, Justice Olatoregun, the C. J, on May 23 granted EFCC prayer and reassigned the case to Justice Chukwujeku Joseph Aneke.

But before the transfer of the case, Justice Olatoregun had earlier fixed June 10 for continuation of trial in the matter but  on getting to the court, the defendants’ counsel were informed that CJ has reassigned the case to Justice Aneke.

In granting the prayer of the EFCC, the CJ, on May 23, reassigned the case to Justice C. J. Aneke.

Speaking of the transfer of the case after coming out of Justice Aneke’s court, Ojo expressed his displeasure over the verdict of CJ on the matter.

Ojo (SAN) stated that the decision of the CJ to transfer the case to another trial judge was a breach of Constitution and law.

Ojo said: “this matter was adjourned till today for continuation of hearing but today, we are today it has been reassigned to Justice Aneke for fresh hearing.

“This development is very strange to us, having regards to the fact that the prosecution has called 12 out of their 13 witnesses, having regards to the fact the current legal regime governing criminal trial in Nigeria and the Federal High Court which is Administration of Criminal Justice Act (ACJA) 2015, stated that any part heard matter where two or three witnesses have been called cannot be transferred to another judge.

“But in this case 12 witnesses have been called, therefore, with all due respect, the Honorable CJ perhaps innocently acted in breach of the law, considering Section 98 (2). Besides, there is a decision of the Court of Appeal, a case of  FRN against Lawal, in the matter the court ruled that CJ has no right to transfer part heard case like the present one, am aware that the defendants are prepared to explore the remedy available to them in law to have the administrative decision of CJ set aside.

“It is inimical to fair trial, it is inimical to defendants to have their case expeditiously tried. It also brings about a possible case of jeopardy. We believed that this is a violation of the law and I think it is not because of Fayose is involved but it is important that we get this order declared nullity, in the interest of all of us, stakeholders in the administration of criminal justice.

“It is waste of public funds, time.

“We see it as bad precedent, we are worried, it could be anybody tomorrow. It was surprised that it was the prosecution that triggered it. Already, we have file motion before the Court of Appeal on it”.

Meanwhile, Justice Aneke has fixed June 28  for the re-arraignment of the accused.