EFCC must retract statement on Dasuki’s aide before trial resumes, Judge insists

Justice Gabriel Kolawole of the Federal High Court Abuja on Thursday insisted that the trial of a former aide to Colonel Sambo Dasuki (rtd), former National Security Adviser, Colonel Nicholas Ashinze and seven others in alleged N5.6 billion fraud would not be resumed until the Economic and Financial Crimes Commission (EFCC) retracts fully the misrepresentation of the court’s proceedings that the defendants are being tried on N36.8bn fraud.

The defendants had during the last sitting in March 21, 2017 complained that a publication of the court proceedings credited to EFCC misrepresented what transpired by stating that the defendants are being tried for N36.8bn fraud.

Secondly, that EFCC also wrongly referred to the aide of Dasuki as a retired military officer while Nicholas Ashinze is currently a serving Army Colonel.

Following the complaint which was not denied, Justice Kolawole ordered EFCC to stop media trial of defendants who are facing trials and retract the misleading publication and issue a public apology.

At the resumed trial on Thursday, counsel to EFCC, Mr. Ofem Uket, told the court the anti -graft agency had retracted the offending publication.

However, Mr. Ernest Nwoye, Counsel to Colonel Ashinze, stood his ground that the EFCC had not in any ways obeyed and respected the court order on the ground that EFCC has not shown any evidence or placed any document before the court as a prove of compliance.

The counsel argued that since the court order on the retraction was in writing and duly served on the EFCC, the anti-graft agency must show respect to the court by filing necessary papers and attaching necessary documents to show the compliance to the order of the court.

Nwoye said that in the absence of any documentary evidence, the court should not attach any seriousness to the oral evidence of the prosecution counsel.

Counsel to other defendants in the matter including the Senior Advocate of Nigeria, Mr. Paul Erokoro (SAN), aligned themselves with the submissions of Nwoye and urged Justice Kolawole to sustain the order for the retraction until the evidence of compliance with the order has been shown.

In a brief ruling, Justice Kolawole dismissed the claim by the counsel to the EFCC that the publication has been retracted. He rejected the claim on the ground that the lawyer failed to produce any document or evidence before the court showing the retraction.

The Judge also ordered the news media involved in the alleged offending publication to appear before it and show cause why they should not be disciplined for misrepresenting the court’s proceedings by dishing out falsehood to the general public through a statement issued by one Mr. Wilson Uwujaren.

“No responsible judge will sit down and allow his court to be rubbished with falsehood as in the case of the EFCC that has been engaging in feeding the general public with falsehood.

“It is a fact that the defendants in criminal matter will be prejudiced when they are unjustly subjected to media trial through publication of falsehood and misrepresentation of the court’s proceeding.

“Since the court cannot act in vain, it is hereby ordered that the EFCC must show compliance in the appropriate way with the retraction of the offending press statement it issued out in respect of the proceeding of this court.

“It is hereby also ordered that the Deputy registrar, litigation, must liaise with Deputy Sheriff and ensure that the order of March 21, 2017 is served on the Editor-in-chief or the appropriate person in the Vanguard Newspaper to ensure that the Editor and his correspondent in Abuja responsible for the publication (of March 8, 201) to appear before this court on May 4, 2017 to show cause where they got their story on the N36.8bn fraud published.