Absence of bond report stalls N2.5bn digital switch over trial

Andrew Orolua, Abuja

Failure of prosecution to file report of verification on the bail bond granted to the respondents to the alleged N2.5 billion digital switch over fraud on Monday stalled trial.

The Director-General of National Broadcasting Commission (NBC), Ishaq Kawu Modibbo, Pinnacle Communications Ltd and two others are facing the trial at the Federal High Court Abuja.

They are currently on bail but the prosecution counsel, Mr. Henry Emore, has failed to file the bail bond verification of the defendants’ months after the bail was granted.

Other defendants are Sir Lucky Omoluwa, Chairman of Pinnacle Communications Ltd, and Dipo Onifade.

At Monday’s sitting, meant for the delivery of a ruling on application by the defendants for the release of their international passports, it was discovered that the prosecution had not filed the bail bond verification process before the court.

Piqued by the development, Justice Folashade Ogunbanjo Giwa stood the matter down for over an hour to enable the prosecution file the bail bond verification process.

At the resumed trial, the prosecution lawyer tendered an apology over the development and prayed the court to make an oral undertaking to file the necessary papers with the week.

Not satisfied, Justice Ogunbanjo-Giwa said: “You (the prosecution) are in default of the court order and therefore you cannot be heard. You were given five clear days within which to verify the bail bond of these defendants, but you failed.

“Therefore, the ruling on the defendants’ application for the release of their international passports cannot be delivered. Until you file the required process before the court properly, the suit is adjourned to Thursday, July 4, 2019, for ruling and continuation of trial.”

Earlier, the defendants took a fresh plea following the court’s granting of an application by the prosecution to amend the charges against the defendants due to some typographical errors.

They were granted bail based on the subsisting conditions.

It would be recalled that the immediate past Minister of Information, Alhaji Lai Mohammed, had at the last adjourned date, June 26, failed to appear before the court.

The former Information Minister was among the persons listed by the prosecution counsel, Henry Emore in ICPC’s list of additional witnesses and was expected to be in court to give testimony being the Minister who approved the payment of N2.5bn to Pinnacle.

However, after calling two witnesses, the prosecution counsel informed the court that he was to call the former Information Minister but for his absence.

Umore said Mr. Mohammed had travelled out of the country but is being expected back into the country on or before July 31.

In addition, the court was told that Mohammed had finally made statement before ICPC, as a former Minister. The prosecution also informed the court that the other witness he wished to call, was still in Saudi Arabia.

However, Alex Izinyon SAN, counsel to Onifade Oladipupo (2nd defendant) and Sir Lucky Omoluwa (3rd defendant), told the court that he had already filed an application to oppose the list of additional witness filed by the prosecution counsel.

Izinyon said the defence team had already joined issues with the prosecution on the failure of ICPC to call the Information Minister who approved the payment of N2.5bn to Pinnacle as well as join him as a defendant in the case.

At Monday’s proceedings, the former Information Minister was not in court.

Subsequently, the suit was adjourned till Thursday, July 4, 2019 for ruling and trial.