EFCC: Transfer of Fayose’s case to new judge, CJ acted in error — Lawyer

A Senior Advocate of Nigeria (SAN) Olalekan Ojo and counsel, to
the second accused in the ongoing trial of the former governor of
Ekiti State, Ayodele Fayose has stated that the Chief Judge (CJ) of
the Federal High Court of Nigeria, Justice Adamu Abdul-Kafarati
acted in error to transferring the case to another judge for
trial.

The former governor was on October 22, 2018, arraigned by the
Economic and Financial Crimes Commission (EFCC) alongside his
company, Spotless Limited, on an 11-count charge of alleged N3.3
billion fraud before Justice Mojisola Olatoregun.

On March 20, there was an open altercation in court between
Justice Olatoregun and the prosecuting counsel, Rotimi Jacobs. And
as a result of the altercation, EFCC wrote a petition against the
judge to the CJ.

In the petition dated May 21, and signed by the acting Chairman,
Ibrahim Magu, EFCC raised 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 CJ, on
May 23 granted EFCC’s prayer and reassigned the case to Justice
Chukwujeku J. Aneke.

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 had reassigned the case to Justice
Aneke.

Reacting to the development shortly after coming out of Justice
Olatoregun’s court, Ojo expressed his displeasure over the verdict
of CJ on the matter.

He said the decision of the CJ to transfer the case to another
trial judge was a breach of law.

“This matter was adjourned till today for continuation of
hearing but today we heard that it had been reassigned to Justice
Aneke for fresh hearing.

“This development is very strange to us, having regards to the
fact that the prosecution had called 12 out of their 13 witnesses,
having regards to the fact that the current legal regime governing
criminal trial in Nigeria and the Federal High Court which is ACJA
2015, stated that any 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 honourable 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; I’m 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 nullility, 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 filed a
motion before the Court of Appeal on it,” he said.

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

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

A copy of the letter, which granted the EFCC request reads: “I
refer to the petition of EFCC on this case and your Lordship’s
comments thereto.

“It is apparent that the prosecution has lost confidence in the
judge trying this case and justice must not only be done but must
be seen to have been done. I hereby transfer this case to Hon.
Justice C. J. Aneke for hearing.”

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