The President of the Nigerian Bar Association, (NBA) Paul Usoro,
on Tuesday, pleaded not guilty before a Federal High Court Lagps,
to charges bordering on N1.4billion fraud, preferred against him by
the Economic and Financial Crime Commission (EFCC).
EFCC preferred a10 count charge against the accused, which is
pending before Justice Muslim Hassan.
Also named in the charge, is the incumbent governor of Akwa
Ibom, Emmanuel Udom, who is described in the charge as being
“currently constitutionly immune from prosecution”
Others charged are: The Akwa Ibom State Commissioner for
Finance, Nsikan Nkan; Accountant-General of Akwa Ibom State, Mfon
Udomah; The Akwa Ibom State Attorney-General, Uwemedimo Nwoko and
Margaret Ukpe.
The aforementioned accused are said to be at large.
On Tuesday, Mr Rotimi Oyedepo appeared for the EFCC, while Chief
Wole Olanipekun (SAN) appeared with six other senior advocates for
Usoro.
Oyedepo then informed the court that the anti graft agency had
successfully served the criminal charge on the accused on Dec. 10,
and sought leave of court for the plea of accused to be taken.
In response, Olanipekun confirmed service of the charge on the
NBA President, but hinted the court that after it had directed that
the accused be served with the charge at the last adjourned date,
the accused was asked to report to the commission’s office for
service.
He said that there, at the commission, Usoro was kept for two
hours before the charge was handed to him, while he acknowledged
same, adding that he was kept at the EFCC for another two
hours.
He told the court that the EFCC had earlier informed the accused
that he will be detained, but eventually let him go.
Olanipekun, then informed the court that the team of defence
counsel has been informed that there is already a letter written to
the Chief Judge of the court, seeking a transfer of the case to
Uyo, Abuja or any other jurisdiction of the court, apart from him,
(Justice Hassan).
Based on parity of reasoning and citing divers judicial and
statutory authorities, Olanipekun, urged the court to await the
decision of the CJ, rather than proceeding with arraignment.
In response, the prosecutor, argued that the matter was
adjourned until Tuesday (today) for arraignment of the accused,
adding that there is nothing before the court that can be construed
as setting aside that purpose.
Referring to provisions of the Administration of Criminal
Justice Act (ACJA), Oyedepo said that objections can only be raised
after the plea of the accused had been taken.
According to him, section 9 governs the place of trial and
enquiry, and requires that the charge be filed in the jurisdiction
where the alleged offence took place.
He argued that sufficient facts which would lead to a transfer
of the case to Uyo or Abuja, were not available.
Besides, he argued that apart from the letter to the CJ, there
was no formal application before the court seeking a recuse, adding
that the prosecution was entitled to join issues on same.
He urged the court to proceed with arraignment.
In a bench ruling, Justice Hassan held: “I have listened
vehemently, to the submissions of counsel, and I have also read the
letter written to the CJ.
“The issue in view is narrowed down to whether the defendant can
take his plea in the circumstance.”
The court held that although it is not in dispute that the CJ
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.
The court, consequently, called on the accused to take his plea
on the charge.
Usoro pleaded not guilty to the charges.
After his plea, Olanipekun moved a bail application on behalf of
the accused, urging the court to admit him to bail on liberal terms
of self recognizance as President of the NBA.
Besides, he added that the International passport of the accused
be deposited with the court as a measure, adding that he will apply
for same whenever the need arises.
The prosecutor did not oppose the application, but left same at
the discretion of the court.
However, the court admitted Usoro to bail in the sum of N250
million, with one surety in like sum.
The court added that the surety must be owner of a landed
property within the court’s jurisdiction, or a civil servant not
lower than the rank of a Director in the Federal or State civil
service.
The court ordered that the accused’s international passport also
be deposited with the court’s registry which will be verified if
genuine.
The court then ordered that Usoro be handed over to a counsel of
the inner bar, Mr E.B Effiong (SAN), pending perfection of his bail
terms.
He adjourned the case until Feb.5, March 5, and March 6, 2019
for trial.
In the charge marked FHC/418c/18, the anti graft agency alleged
that the accused committed the offence on May 14, 2016.
The commission alleged that Usoro, conspired with others, to
commit the offence within the jurisdiction of the court.
He was alleged to have conspired to convert the sum of N1.4
billion, property of Akwa Ibom State Government, which sum they
reasonably ought to have known formed part of the proceeds of an
unlawful activity
The prosecution said that the unlawful activity include criminal
breach of trust which contravenes the provisions of section 15 (2),
15(3), and 18 (A) of the Money Laundering (Prohibition) Act,
2011.
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