Court adjourns ex -presidential aide N1.6bn trial to June 3
By Peter Fowoyo, Lagos
A Federal High Court, Ikoyi, Lagos on Friday has adjourned to June 3, the trial of an aide to former President Goodluck Jonathan, Waripamo Owei-Dudafa, who is facing trial for allegedly laundering N1.6 billion.
Justice Mohammed Idris adjourned hearing to enable lawyers representing the Economic and Financial Crimes Commission (EFCC) and the defendants to address the court on a provision of the EFCC Act.
Dudafa is charged by the EFCC along with one Joseph Iwejuo, a staff of Heritage Bank, on a 23- count charge bordering on laundering N1.6 billion.
The EFCC arraigned them before Justice Mohammed Idris on counts of conspiracy to conceal proceeds of crime amounting to over N1.6 billion on June 11, 2013
The judge had on February 27, reserved judgement in the case after defence counsels had adopted their final addresses before the court while the prosecution closed its case on March 16, 2018, after calling seven witnesses and tendering several exhibits.
The defence had initially filed and argued a no-case submission in its defence and had urged the court to dismiss the case on the grounds that the prosecution failed to establish any case against them.
Justice Idris had in a ruling delivered in August 2018, dismissed the no case submission of the defence on the grounds that they had some explanations to make on the exhibits and evidences already adduced by the prosecution
Defence had consequently, entered its defence, calling two witnesses and tendering exhibits.
It closed its case in November 2018 after which final addresses were adopted on February 27, and judgment subsequently reserved.
Justice Idris averred that “I have carried out a page by page examination of the entirety of the more than 600 pages of the statement of accounts that had been tendered in evidence in this case, and the judgment has been written.
“However, in line with decided cases and acting ex abundanti cautella (with abundant caution), I deemed it being privileged to be in the Court of Appeal.
“I understand that is why the appellate court allow trial courts or any court to raise an issue of law, suo motu (on its own), no court is allowed to make binding pronouncements on those issues of law without calling the parties to address it on those issues.
“This is in line with the requirement of Section 36 of the constitution which guarantees the right to fair hearing, if any court of law raises an issue of law suo motu, and goes ahead to make pronouncement without affording counsel the opportunity of addressing it on those issues raised, the entire judgment will be set aside on appeal.
“So, reading through my judgment, I discovered that I might have raised issues of law, which I think, is important I call the attention of counsels so that I am addressed briefly on it.”
The court said that the question to be addressed is “on the relationship if any, between the provisions of Section 27(3) (c) of the EFCC Establishment Act with Sections 7(2), 16 and 17 of same Act, as it relates to the charge.
“This is the simple issue I want learned counsels to address the court on” he added and therefore, urged counsels to file their respective addressees on June 3, after which it will hear submissions and further reserve judgment.
