Alleged Money Laundering: Court issues bench warrant on Sen. Albert Bassey

A judge, A. A. Okeke of the Federal High Court sitting, Uyo,
Akwa Ibom State, on Monday, granted an application made by the
Economic and Financial Crimes Commission, (EFCC), for the arrest of
a serving senator, Albert Bassey, popularly known as OBA.

The warrant compels him to appear in court and face the money
laundering charges preferred against him by the commission.

The serving senator, according to his counsel, Samuel Ikpo,
failed to appear in court because he was not served a copy of the
charge.

Mr Ikpo also added that he was instructed by his client, to
appear in court and receive the charge on his behalf.

However, the prosecution, through its counsel, Mohammed Sadisu
Abubakar, gave a detailed account of the court on efforts made by
the commission to serve the lawmaker.

“My lord, since the filling of the charge, the prosecution has
made frantic efforts to serve the suspect the charge but all our
efforts proved abortive, as the suspect, who has been on
administrative bail granted him by the EFCC has jumped bail. The
Investigating Officer, Osatuyi Ayodele, also placed a call to him
on June 6, 2019, inviting him to the office to be served the
charge, but the Lawmaker failed to show up after he promised that
he would.

“One of his (Senator Bassy) lawyers, Ini Utuk, was also
contacted on June 7, 2019, but equally failed to show up, after
promising to do so. Till this moment My lord, the suspect has
failed, to honour the terms of his administrative bail which is
always to make himself available.

“In the circumstances my lord, I humbly apply, under Section 113
and 114 of the Administration of Criminal Justice Act for this
honourable court to issue a warrant for the arrest of the suspect
and to produce him before this honourable court,” Mr Abubakar
said.

But the defence counsel, however, asked that the charge be given
to him since the matter was coming up for the first time before the
court and that the suspect was not served the copy of the
charge.

“The defendant was sworn in last week in Abuja as a Senator. I
respectfully apply that the charge be given to me to hand over to
him,” Mr Ikpo.

Responding on point of law, the EFCC counsel countered the
argument of the defence, as he hinged his argued on the provisions
of Section 114 of the Administration of Criminal Justice Act.

He said, “My lord, Section 114 of the ACJA provides that the
court can issue an order for the first time, depending on the
nature and circumstances of the case and the nature and
circumstances of this case give rise for the issuance of a bench
warrant. This is a criminal matter, and there is no provision in
ACJA 2015 to serve a charge through counsel in respect of a suspect
who has not appeared before the court. My lord, I urge you to
discountenance the submissions of the defence counsel,” Mr Abubakar
argued.

After listening to both sides, the judge upheld the arguments of
the prosecution.

“Section 114 of the ACJA is instructive on this issue. The court
can issue a warrant on the first day, depending on the
circumstances and nature of the case. One should lead by example
and to whom much is given, much is expected.

“Where the defendant found it necessary to attend a legislative
function, he should also find it obligatory to honour invitations
by law enforcement agencies. Justice is for all in the temple of
justice, and if there is an application to be granted in the
interest of justice, it should be the application made by the
prosecution.

“The court, therefore, grants the application and consequently
issue a bench warrant against the defendant for his production in
this court on the next adjourned date”, the court ruled.

The matter was adjourned to June 24, 2019, for arraignment.

Mr Bassey is the senator representing Akwa Ibom North-east
Senatorial district in the upper chamber.

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