Trial of Obasanjo’s in-law stalled – TheNigerialawyer

The unavailability of documents from the Corporate Affairs
Commission (CAC) has stalled the forgery trial of John Abebe, the
younger brother of former first lady, late Mrs Stella Obasanjo on
Friday in an Ikeja Special Offences Court.

Abebe is alleged by the Economic and Financial Crimes Commission
(EFCC) to have on June 22, 2010 knowingly forged portions of a
letter belonging to BP Exploration Nigeria Ltd dated Nov.
30,1995.

The News Agency of Nigeria (NAN) reports that Mr Christopher
Ikem, a staff of CAC and the second defence witness (DW2), informed
the court that the CAC was still in the process of collating the
documents necessary for Abebe’s defence.

He noted that some of the documents date as far back as
1992.

Mr Uche Nwokedi, SAN, the defence counsel, requested for an
adjournment of the suit to enable the subpoenaed CAC official bring
the necessary documents to court.

Reacting, Mr Rotimi Oyedepo, the lead prosecuting counsel for
the EFCC, however, expressed displeasure over the defence counsel’s
request for an adjournment.

“My lord the learned SAN can tender the documents himself we
should not use DW2 as a skyscraper of adjournments. The documents
about to be tendered has no relation to the charge.

“It is alleged that the defendant forged a document that was
presented during proceedings at the Federal High Court.

“I humbly and passionately pray my lord that proceedings should
not be stalled as justice is not for the defendant alone,” Oyedepo
said.

Responding Nwokedi said “We issued these subpoenas to the
witnesses in May and this case is under constant review and we owe
it to provide the best defence.

“If my learned friend can state here that he has not sought an
adjournment in this case, I will let it be. We were meant to take
two witnesses today but unfortunately, the second witness is not
well,”

Obliging Nwokedi’s request, Justice Mojisola Dada adjourned the
case until July 10 and 11 for continuation of trial.

In a no-case submission which relied on Section 239(1) of the
Administration of Criminal Justice Law 2011 Nwokedi (SAN) had urged
the court to dismiss the EFCC’s case against Abebe.

In the no-case submission which was dismissed by Justice Dada on
March, 24 Nwokedi noted that the procurement of the allegedly
forged letter by the prosecution was illegal.

He said it contravenes the provisions of Sections 37 and 38 of
the National Archives Act and as a result, the document (letter)
was legally inadmissible to prove the charge against Abebe.

He noted that the document, which was prepared by BP Exploration
Nigeria Ltd and Inducon Nigeria Ltd (both Nigerian companies) were
produced from a privately managed archive in London known as Iron
Mountain.

Abebe opened his defence on July 13 with Mrs Roseline Ovesuor,
Deputy Director of the National Archives giving evidence and the
first defence witness (DW1).

Reiterating the claim of the defence, Ovesuor stated in her
evidence that by virtue provisions of Sections 37 and 38 of the
National Archives Act, it was an offence for a Nigerian company to
take its records outside Nigeria.

Abebe had on July 26, 2018 plead not guilty to a four-count
charge of forgery, fabricating evidence, using fabricated evidence
and attempt to pervert the cause of justice.

According to the EFCC, the defendant committed the offence on
June 22, 2010 in Lagos.

“Abebe knowingly forged BP Exploration Nigeria Ltd’s letter
dated Nov. 30,1995 to Inducon (Nigeria) Ltd.

“He committed the forgery by inserting in page two of the said
letter the following words: “Also note that the ‘Buy-

Out Option’ only applies to the pre-production stage of the Net
Profit Interest Agreement
(NPIA).

”The four million dollars buy-out is thus irrelevant from
production of oil in any of our fields.

“He purported same to have been issued by BP Exploration Nigeria
Limited,” Oyedepo said.

The prosecution claims that the defendant used the allegedly
forged letter as evidence in suit No.

FHC/L/CS/224/2010 between Abebe, Inducon Nigeria Ltd and Statoil
Nigeria Ltd. at the Federal High Court.

The evidence was admitted and marked exhibit BB in the suit.

According to the EFCC, the defendant had through his actions,
attempted to pervert the course of justice.

The offence, the anti graft agency said, contravened the
provisions of sections 120(1), 120(2), 126(2) of the Criminal Code
Law of 2003.

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EFCC Declines to Obey Court Order on Detained
Businessman, Dalori
The Economic and Financial Crimes Commission has refused to obey an
order of the Federal High Court Abuja which directed it to set free
a businessman, Engineer Babagana Abba Dalori, the managing director
and chief executive officer of Galaxy Transportation and
Construction Services Ltd.

The order issued by Justice Ijeoma Ojukwu on May 30, 2019 is
being flouted by the anti-graft agency following the refusal to set
the businessman free as ordered by the court.

Family sources confirmed to PRNigeria today that Dalori who had
been in the custody of the EFCC since March 29, 2019 over alleged
fraud and running a Ponzi scheme in the North-East of geopolitical
of the country is yet to regain his freedom.

The enroll order of the court signed by the court registrar,
Omoju Ojo James, read in part: “The respondent (EFCC) is hereby
ordered to release the applicant (Dalori) forthwith or grant him
administrative bail where there is prima facie evidence that the
applicant has committed an offence pending the outcome of the
investigation

“That where the investigation has been concluded and there is
evidence of criminal infraction, the respondent (EFCC) shall prefer
a charge against the applicant before the court of competent
jurisdiction which shall determine the bail of the applicant. He
shall be released where no infraction is established.

“That the respondents (EFCC) are hereby restrained from taking
any further action which may be inimical to the guaranteed
Fundamental Right of the Applicant especially where he is not under
any constitutional disability.

“Issued at Abuja under the seal of the court and the hand of
presiding Judge, Hon. Justice Ijeoma L. Ojukwu this 30th Day of May
2019.”

Dalori had approached the court with a fundamental human right
suit challenging his detention Without trial by EFCC for over two
months.

In the suit, filed on his behalf by Barrister N. A. Dammo, the
plaintiff prayed the court to order EFCC to release him or prefer
charges against him if he had committed any offence known to
law.

Plaintiff further urged Justice Ojukwu to, in the alternative
compel the EFCC to allow him to go home on administrative bail
pending the time the anti-graft agency would conclude its
investigation on any petition or issue that may have arising
against him.

However, in spite of the order for his release made by the
judge, the EFCC is yet to obey the court order as the businessman
still remains in its custody 15 days after the order was made.

However, when contacted, EFCC Spokesperson, Mr. Tony Orilade
told PRNigeria that he was not aware of the court order and however
promised to follow it up.

By PRNigeria