EFCC’s Failure to List Witnesses Stalls Adoke’,s Trial in Corruption Charg
By Yemi Oyeyemi, Abuja
The failure of the Economic and Financial Crimes Commission (EFCC) to supply names and particulars of witnesses Tuesday stalled the trial of former Attorney General of the Federation (AGF) and Minister of Justice, Mr Mohammed Bello Adoke SAN, in the corruption changes brought against him by the federal government.
The trial was slated for the Federal High Court, Abuja, before Justice Inyang Eden Ekwo.
Adoke alongside an oil magnate Alhaji Aliyu Abubakar are standing trial on a 14- count amended criminal charge bordering on money laundering alleged to involve about N4B.
But the trial was however stalled as the anti graft agency was alleged to have breached Section 379(1) of the Administration of Criminal Justice Act (ACJA) 2015, as it failed to supply to the defendants the identities and summary of the witnesses it intends to call for prosecution.
EFCC had sought to kick start the trial with its counsel Mr Bala Sanga calling his first witness, one Mr Clement Osagie, an official of the Central Bank of Nigeria (CBN), who was on subpoena to the witness box.
However, Chief Olalekan Ojo, SAN, lawyer to the second defendant, vehemently objected to the witness on the grounds that he was unknown to his client as a witness of the EFCC in the trial.
The senior lawyer drew the attention of the court to the charge and proof of evidence, adding that in breach of the enabling law, the prosecution did not list any of its witnesses and also failed to attach summary of the witnesses statements as required by law.
Ojo cited Section 379 of the ACJA in his argument, adding that in line with provision of the section, the EFCC ought to supply names and particulars of the witnesses to the defendants to enable them prepare their defence adequately.
He insisted that fair trial demanded that the defendants must know those that will testify against them in a criminal matter.
The senior lawyer, accordingly, urged the court to compel the prosecution to do the needful before the trial can commence.
Responding, Sanga, who informed the court that he got to know about the witness only Monday evening, conceded to the argument and prayed the court for a short adjournment to comply with the law.
Other defendant however did not object to the request for a short adjournment following which the court in a short ruling adjourned trial to August 13, 2020.
Justice Ekwo in adjourning the trial ordered the prosecution to serve the defendants with all the particulars, processes that they are entitled to within 24 hours.
EFCC had on August 4, re-arraigned Adoke and Abubakar on a 14 count amended charge bordering on alleged money laundering and corruption.
In the amended charge, Adoke was accused of collecting the sum of N300M from Abubakar as alleged proceeds of unlawful activities in 2013 while in the same year, he was said to have collected another sum of $2.2M from one Rislanudeen Muhammed.
He was also accused of disguising a sum of N300M being proceeds of unlawful activities he accepted from the second defendant.
On the other hand, the second defendant, Abubakar, was said to have, in September 2013, received cash payment of $2M and another $4M from one Abdulkareem Mustapha while in September and October same year he was alleged to have collected another sum of $84,000.
In another charge, the second defendant was accused of receiving $3M and concealing the source of same.
In another charge, he was accused of receiving $12M being proceeds of alleged unlawful act.
They however pleaded not guilty to the charges.