N2.5bn DSO Trial: Defendants kick against Lai Mohammed’s appearance in court

Defendants in the case of alleged misapplication of N2.5 billion
Federal Government Digital Switch-Over (DSO) programme, have
countered application by the prosecution to present former Minister
of Information and Culture, Alhaji Lai Mohammed as a witness in
court.

The Independent Corrupt Practices and Other Related Offences
Commission, ICPC is prosecuting the Director-General of the
National Broadcasting Commission (NBC) Ishaq Kawu in a Federal High
Court, Abuja, for alleged abuse of office and money laundering

The Commission had filed a 12-count charge before Justice
Folashade Ogunbanjo-Giwa, against Kawu, Lucky Omoluwa and Dipo
Onifade, the Chairman and Chief Operating Officer of Pinnacle
Communications Limited respectively.

In a motion filed before the court, Alex Izinyon, SAN, Counsel
to Omoluwa and Onifade, opposed the list of the former minister and
Shuaibu Sabo as additional witnesses in the trial as requested by
the anti-graft body.

In the motion, the defendants are seeking the court order,
“disallowing/prohibiting or forbidding the complainant/respondent
to lead and use the additional list of witness of one Mr Lai
Mohammed filed on 2nd June 2019 at the continuation of hearing of
this criminal proceeding or any other date whatsoever.

“And for such further order(s) as this Honorable court may deem
fit to make in the circumstances of this case”.

It will be recalled that the anti-graft body had said that the
former Minister will serve as a prosecution witness in the alleged
N2.5 billion fraud trial.

At the resumed hearing of the trial on Monday, ICPC lawyers,
Henry Emore and E. A. Shogunle reminded the court of their
application to call the two additional witnesses – Mohammed and
Sabo.

Shogunle said that they had filed a counter affidavit to the
motion by the defendants opposing their requests to call Mohammed
and Sabo as additional witnesses.

On his part, Iziyon said the motion was not ripe for hearing
because he would be filing a reply on point of law, to the
prosecution’s counter affidavit.

Meanwhile Justice Oginbanjo-Giwa has reprimaded the ICPC for
disobeying the order of court regarding the application by the
defendants seeking release of their travelling passports.

The second and third defendants had filed the application
seeking the release of their international passports to enable them
travel abroad for official functions.

The judge who had fixed the application for ruling on Monday
said the prosecution had failed to carry out her order to verify
the addresses and other particulars of the defendants and their
sureties. .

“I cannot give the ruling now because in the course of reviewing
the motion, I realised that the prosecution has not carried out the
order of the court to verify the addresses of the defendants and
their sureties within five days.’’

Counsel to the prosecution said he had done the verification and
satisfied with it after the grey areas observed were addressed by
the defendants.

He, however apologised for his failure to file the report of the
verification before the court.

The judge, who expressed displeasure over failure of the
prosecution to file the report of the verification stood down the
case for the lawyer to do so.

She stressed that she could not continue with the case while the
prosecution was in disobedience of the court order.

The News Agency of Nigeria (NAN) reports that the judge resumed
the case about two hours after the prosecution had complied with
the order.

Upon resumption, the defendants took fresh plea of not guilty to
the amended charges brought to them by the prosecution.

The amended charges, according to ICPC lawyer were largely due
to typographical errors which the lawyers to the defendants did not
oppose to.

Justice Ogunbanjo-Giwa adjourned the case until July 4 to hear
motions on the release of the defendants’ passports and that
challenging the listing of Mohammed and Sabo as additional
prosecution witnesses.

(NAN)

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