2 INEC officials Ask Judge To Hand Off N264.8m Fraud Trial
Two officials of the Independent National Electoral Commission (INEC), Christian Nwosu and Tijani Bashir, accused of an alleged N264.8 million fraud, on Thursday urged Justice Mohammed Idris, to recuse himself from the case.
The two men in separate applications are asking Justice Idris, who was recently elevated to the Court of Appeal to hand off the case so that it can be re-assigned to another judge of the Federal High Court in Lagos.
The duo predicated their applications on Sections 238 (2) (3), 240, 253 of the Constitution and Section 396 (2) (7) of the Administration of Criminal Justice Act (ACJA) 2015.
Moving the motions the defence lawyers, Victor Opara and Nelson Umoh, maintained that the Justice lacks the requisite jurisdiction to continue with the hearing of the case having been elevated to the Court of Appeal.
They argued that there was no provision in the Constitution that empowers the judge, upon his appointment and confirmation as a Justice of the Court of Appeal to also double as a judge of the Federal High Court.
According to lawyers, having been elevated, Justice Idris is at law enjoined to preside over appellate matters only under Section 238 of the Constitution.
“A Justice of the Court of Appeal of Nigeria cannot deliver, make pronouncement, recommendation, decision and or judgement on matters pending before the Federal High Court of Nigeria. The constitutional elevation of my lord cannot be circumscribed by Section 396 (7) of ACJA”, they said.
Responding EFCC’s counsel, Rotimi Oyedepo, was of the view that the defence lawyers’ arguments goes to no issue as the prosecution has already closed its case before the elevation of the trial judge.
He said the judge is eminently qualified to continue with the hearing of the matter despite been elevated as it fits into the definition of ‘part-heard’ cases as contained in Section 494 of the Administration of Criminal Justice Act (ACJA) 2015.
He said, “Section 396 (7) of ACJA gives my lord ‘special dispensation’ to hear and determine part-heard cases is applicable to this matter’s circumstances.
“There is nothing in the Constitution that specifically restricts or prohibits the granting of ‘special dispensation’ to hear and conclude a part-heard criminal matter by an elevated judge. The provision of Section 396 (7) of ACJA is merely complementary to the Constitution and is not inconsistent with it”.
Justice Idris has fixed August 27 for ruling.
The defendants were on March 7 re-arraigned before the court by the Economic and Financial Crimes Commission (EFCC) on a 9-count charge of conspiring together to directly take possession of N264.8 million which they reasonably ought to have known forms part of an unlawful act. They however pleaded not guilty to the charge.
