Oyo-Ita: Judge Slams EFCC For Abuse Of Court Processes, Stops Proceedings Till Further Notice

A Federal High Court in Abuja has stayed indefinitely, further
proceedings in the trial of former Head of Service (HOS) of the
Federation, Winifred Oyo-Ita and eight others on an 18-count money
laundering charge.

Justice Taiwo Taiwo, in a ruling on Wednesday, agreed with the
defendants to stay further proceedings pending when the prosecution
discontinues a related case pending before another judge -Justice
Folashade Giwa-Ogunbanjo – also of the Federal High Court,
Abuja.

Charged with Oyo-Ita are: Frontline Ace Global Services Limited;
Asanaya Projects Limited; Garba Umar and his two companies – Slopes
International Limited and Gooddeal Investments Limited; as well as
Ubong Okon Effiok and his two companies – U & U Global Services
Limited and Prince Mega Logistics Limited.

The prosecuting agency, the Economic and Financial Crimes
Commission (EFCC) charged the defendants with offences bordering on
corruption, fraud, obtaining estacodes and Duty Travel allowance
(DTA) for journeys either not undertaken or not in existence,
involving about N570million.

They pleaded not guilty to the charge at their arraignment on
March 23, 2020, following which the court adjourned for the
commencement of trial.

On December 1, 2020 when lawyer to the prosecution, Mohammed
Abubakar indicated his readiness for trial, lawyers to the 4th, 5th
and 6th defendants (Umar, Slopes International Limited and Gooddeal
Investments Limited), particularly Augustine Ananukwa said the
defence was not ready for trial.

The defendants argued that, while the charge was pending before
Justice Taiwo, the EFCC went before another judge, Justice
Giwa-Ogunbanjo to obtain interim forfeiture orders freezing the
bank accounts of 4th, 5th and 6th defendants.

They demanded that the freezing orders be reversed, arguing that
the decision by the EFCC to approach another court for the orders
amounted to an abuse of the process of the court.

Abubakar argued otherwise, insisting that the action of the EFCC
was a lawful practice, not intended to abuse the court’s process,
but to secure the funds in the affected accounts and prevent them
from being dissipated before the conclusion of trial.

In his ruling on Wednesday, Justice Taiwo, who had earlier on
February 11, 2021 threatened to return the case file for
re-assignment if the EFCC fails to discontinue the case before the
other judge, held that the prosecution’s act in obtaining the
ex-parte freezing orders from a separate court was an abuse of
process.

The judge noted that the prosecution simply engaged in “judge
shopping,” with the intention of getting a favourable court
judgment, adding that the EFCC’s conduct was reprehensible and
condemnable.

Justice Taiwo, who also described the act as forum shopping,
said it was a contemptuous move.

He then proceeded order a stay of proceedings in the trial until
the EFCC and its lawyer “do the needful” by withdrawing the
application before the other court.

A Federal High Court in Abuja has stayed indefinitely, further
proceedings in the trial of former Head of Service (HOS) of the
Federation, Winifred Oyo-Ita and eight others on an 18-count money
laundering charge.

Justice Taiwo Taiwo, in a ruling on Wednesday, agreed with the
defendants to stay further proceedings pending when the prosecution
discontinues a related case pending before another judge -Justice
Folashade Giwa-Ogunbanjo – also of the Federal High Court,
Abuja.

Charged with Oyo-Ita are: Frontline Ace Global Services Limited;
Asanaya Projects Limited; Garba Umar and his two companies – Slopes
International Limited and Gooddeal Investments Limited; as well as
Ubong Okon Effiok and his two companies – U & U Global Services
Limited and Prince Mega Logistics Limited.

The prosecuting agency, the Economic and Financial Crimes
Commission (EFCC) charged the defendants with offences bordering on
corruption, fraud, obtaining estacodes and Duty Travel allowance
(DTA) for journeys either not undertaken or not in existence,
involving about N570million.

They pleaded not guilty to the charge at their arraignment on
March 23, 2020, following which the court adjourned for the
commencement of trial.

On December 1, 2020 when lawyer to the prosecution, Mohammed
Abubakar indicated his readiness for trial, lawyers to the 4th, 5th
and 6th defendants (Umar, Slopes International Limited and Gooddeal
Investments Limited), particularly Augustine Ananukwa said the
defence was not ready for trial.

The defendants argued that, while the charge was pending before
Justice Taiwo, the EFCC went before another judge, Justice
Giwa-Ogunbanjo to obtain interim forfeiture orders freezing the
bank accounts of 4th, 5th and 6th defendants.

They demanded that the freezing orders be reversed, arguing that
the decision by the EFCC to approach another court for the orders
amounted to an abuse of the process of the court.

Abubakar argued otherwise, insisting that the action of the EFCC
was a lawful practice, not intended to abuse the court’s process,
but to secure the funds in the affected accounts and prevent them
from being dissipated before the conclusion of trial.

In his ruling on Wednesday, Justice Taiwo, who had earlier on
February 11, 2021 threatened to return the case file for
re-assignment if the EFCC fails to discontinue the case before the
other judge, held that the prosecution’s act in obtaining the
ex-parte freezing orders from a separate court was an abuse of
process.

The judge noted that the prosecution simply engaged in “judge
shopping,” with the intention of getting a favourable court
judgment, adding that the EFCC’s conduct was reprehensible and
condemnable.

Justice Taiwo, who also described the act as forum shopping,
said it was a contemptuous move.

He then proceeded order a stay of proceedings in the trial until
the EFCC and its lawyer “do the needful” by withdrawing the
application before the other court.