The planned arraignment of the president of the Nigerian Bar Association (NBA), Mr Paul Usoro (SAN) before the Federal High Court in Lagos was yesterday stalled due to failure of the Economic and Financial Crimes Commission (EFCC) to serve him with a copy of the charge.
The EFCC had filed a ten-court charge of laundering the sum of N1.4billion belonging to the Akwa Ibom State government against Usoro before the Federal High Court in Lagos.
When the case was called yesterday, the anti-graft agency’s counsel, Rotimi Oyedepo told the court that the NBA president has been evading service of the charge.
Oyedepo informed the trial judge, Justice Muslim Hassan that the defendant failed to turn up at the EFCC’s office as promised last week Friday so that the commission can serve him a copy of the charge for the purpose of his arraignment yesterday.
He said, “Since the handing of the charge is fundamental to the proper commencement of this proceedings and same having not being effected on the defendant, I shall be asking the court for a short adjournment that is convenient for the court to enable us serve the defendant and commence proceedings.”
But the defence counsel, Chief Wole Olanipekun (SAN), who led 13 other Senior Advocates of Nigeria for the NBA president, told the court that he cannot fathom any section of the Administration of Criminal Justice Act (ACJA) 2015 which compel the defendant to come to the EFCC’s office and pick his charge.
Olanipekun also stated, “My lord, may I correct a notion that the defendant didn’t honour a promise to be in their office on Friday. The defendant is the president of the NBA meaning that he is as busy as an ant with engagements here and there.
“He has been going to EFCC’s office since June and he has been there up to ten times. It is a common knowledge that the charge had been publicised that he will be arraigned today (yesterday).”
Olanipekun then urged the judge to direct the EFCC to serve him in court.
But Oyedepo resisted the move. He told the judge that he was not in a position to effect service in court especially as the charge sheet was with the Investigative Police Officer who was absent.
Justice Muslim Hassan has adjourned till December 18, for the arraignment.
The judge fixed the date to enable the EFCC serve Usoro with the charge sheet for the alleged offences.
After the proceedings, a mild drama occurred outside the court premises, some of the operatives of the anti- graft agency moved to arrest Usoro.
But following the intervention of the EFCC counsel, Oyedepo, the NBA president was allowed to ride in his car with some lawyers.
The group then moved to the EFCC office where Usoro is expected to be served with the charge sheet.
According to the charge, marked FHC/418c/18 obtained by our correspondent, the EFCC claimed that Usoro converted and laundered the money in connivance with the governor of his state, Governor Udom Emmanuel of Akwa Ibom State.
Although the name of the governor was not listed as a defendant but his name was mentioned in the body charge but the anti-graft agency indicated that he is “currently constitutionally immune against criminal prosecution”.
Other mentioned in the body of the charges but said to be at large, were: the commissioner for Finance, Akwa Ibom State, Nsikan Nkan, the accountant general of Akwa Ibom State, Mfon Udomah, the Akwa Ibom State attorney general and commissioner for Justice, Uwemedimo Nwoko and one Margaret Ukpe.
The anti-graft agency alleged that the NBA president in connivance with others mentioned in the charge conspired among themselves to commit the offence sometime in 2015 “within the jurisdiction of this honourable court”.
The EFCC maintained that the N1.4billion allegedly converted and laundered by the defendants belonged to the Akwa Ibom State government.
The commission insisted that the offence is contrary to Section 18 (a) of the Money Laundering (Prohibition) Act, 2011 and punishable under Section 15(3) of the same Act.
Some senior lawyers were listed as witnesses in the case, they are: Tayo Oyetibo (SAN), Adegboyego Awomolo (SAN), Theophilus Oyesanya (SAN), D. Dodo and Festus Jumbo.
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