Alleged forgery: AGF stalls Saraki, Ekweremadu, others’ trial
The failure of the nation’s Attorney General of the Federation, Abubakar Malami (SAN), to respond to preliminary objections challenging the criminal trial of the Senate President Dr. Bukola Saraki, his Deputy, Senator Ike Ekweremadu and two others on Wednesday stalled the trial at the High Court of the Federal Capital Territory in Abuja.
Trial was to commence yesterday with the prosecution witnesses testifying, but when the matter was called, a new private counsel to the FG, Alhaji Aliyu Umar SAN, who took over the matter from the former Director of Public Prosecution Mohammed Diri, told Justice Yusuf Halilu that his team was not ready to proceed with the trial.
He said the reason for seeking for adjournment was because the motion filed by the respondents praying the court not to entertain the case was served on him on September 26, 2016 and he needed time to respondent to them.
Besides, Umar (SAN), said that the office of the AGF who gave him fiat to prosecute the case was yet to hand over the case file to him.
He therefore urged the court to grant an adjournment to enable him ensure that proper procedures were followed.
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However, counsel to Saraki Paul Erokoro (SAN), vehemently opposed the request for adjournment and insisted that the matter was scheduled for trial, more than two months ago.
Erokoro told Justice Halilu that if the AGF did not deem it fit to hand over the case file to the FG lawyer, then the charge should be terminated.
Erokoro further informed the court that Saraki had filed a motion since June 22, and served same on the AGF wherein he objected to the legality of the two count charge on the ground that it constituted an abuse of court processes.
According the defence lawyer a similar matter involving the AGF and the respondents was pending before a Federal High Court in Abuja.
Counsel to Ike Ekweremadu, Joseph Daudu (SAN), also faulted the FG request for adjournment insisting that the FG ought to have done the proper thing in the past two not to scuttle the Wednesday’s trial.
Daudu (SAN), told the court that Ekweremadu had also filed a motion challenging the charges filed by the AGF adding that “it was brought in bad fate” and as such not competent in the face of the law as it constituted a gross abuse of judicial process.
Similar objections were raised by Ikechukwu Ezechukwu (SAN) and Mahmud Magaji (SAN), who represented the former Clerk of the National Assembly Alhaji Salisu Abubakar Maikasuwa and the deputy Clark of National Assembly Mr. Benedict Efeturi respectively. Both counsel queried the federal government decision not to proceed to full trial on Wednesday.
In his ruling, Justice Yusuf Halilu however expressed reservation on the request for adjournment and the inability of the AGF to respond to the motion filed over 90days ago by three of the four defendants.
“I don’t allow parties to stall trial before me but in the interest of justice and in the circumstances the prosecution has found himself I obliged to adjourned this matter till Friday October 7 as agreed by counsel to the 4th defendant”.
The AGF had in June this year filed a two count charge on criminal conspiracy and forgery of the senate standing rules 2015 against Dr. Saraki, Ekweremadu, Maikasuwa and Efeturi but they all pleaded not guilty to all the two count charge and were consequent upon a bail application admitted to bail.
