AfriqueCAN:
Justice Emeka Nwite of the Federal High Court Abuja has adjourned proceedings on the alleged money laundering case instituted by the Economic And Financial Crimes Commission (EFCC) against the former Governor of Kogi State, Yahaya Bello, to September 25.
The judge, on Wednesday, said proceedings would continue despite the appeal filed by the defendant.
The lawyer to the former governor had told the court that the defendant had filed an application for a stay of proceedings on the case, pending the determination of the appeal before the appeal court on an arrest warrant earlier granted by the lower court and other rulings.
At the resumed hearing, counsel for the defendant, Abdulwahab Mohammed (SAN) argued that the court could not proceed on the matter until the pending appeal was determined, citing authorities.
However, counsel for the EFCC, Kemi Pinheiro, opposed this vehemently, saying the defendant had not shown any Court of Appeal document that the court wanted the lower court to stay the proceeding.
At that point, Justice Emeka Nwite asked whether having received the application and affidavit and being aware of the pending appeal, it would not amount to judicial rascality for his court to continue proceedings on the matter.
But the prosecution counsel said, “It is not really an issue of jurisdiction”, adding that in the face of Section 40, the mere filing of an affidavit could not suffice as the case was not a civil case.
He urged the court to stick to the matter of the day, which was the ruling on the arguments presented on June 27.
The defendant’s counsel, however, told the court that the judge was misled on the 27th of June and that the request was for the proceedings of that day to be expunged.
In his ruling, Justice Nwite said, “The grant of stay of proceedings is at the court’s discretion, and since it is an issue of discretion no one can give an authority for the judge to rely on. The judge only needs to exercise this power judicially.”
The judge, who had asked before the recess that would it not amount to judicial rascality to continue the case when there was an issue of jurisdiction, changed his position and noted that the defendant wanted to use the appeal to delay proceedings.
According to him, there have been previous Court of Appeal judgments on such matters.
He also granted the application for withdrawal of the defendant’s counsel, Adeola Adedipe (SAN), from the case and referred the matter of misconduct to the Legal Practitioners Disciplinary Committee to investigate possible infractions.
Justice Nwite said having stated the law, “the question is whether there was an undertaking by Wahab (SAN) and Adedipe (SAN), which was breached to amount to contempt of court.”
He consequently adjourned the case to September 25 for arraignment.
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