N1.4b money laundering: 13 SAN’s defend NBA President, Paul Usoro

About thirteen Senior Advocates of Nigeria and scores of other young lawyers were at the Federal High Court, Ikoyi, Lagos on Monday in solidarity with the President of the Nigerian Bar Association (NBA), Mr. Paul Usoro, SAN, who was accused of laundering N1.4 billion belonging to Akwa Ibom State government. Apart from Chief Wole Olanipekun, others are Femi Atoyebi, Ifedayo Adedipe, Fidelis Odita, Biodun Layonu, Sina Sofola, Offiong Offiong, Seni Adio, George Oguntade, Essien Udom, M. Dikko, A. T. Liman and Yele Delano. The planned arraignment could not go on on Monday as the prosecution lawyer, Rotimi Oyedepo, informed the court that the defendant was called repeatedly last week to come and pick his charge and when he eventually picked his phone, he pleaded that he had a function but, will come to EFCC’s office on Friday. The 10 count charge pending before Justice Muslim Hassan is preferred against him by the Economic and Financial Crimes Commission (EFCC). Also named in the charge, is the incumbent governor of Akwa Ibom, Emmanuel Udom, who is described in the charge as being “currently constitutionally immune from prosecution”. Others charged are: The Akwa Ibom State Commissioner for Finance, Nsikan Nkan; Accountant-General of Akwa Ibom State, Mfon Udomah; Akwa Ibom State Attorney-General, Uwemedimo Nwoko and Margaret Ukpe. The aforementioned, accused are said to be at large. As early as 7:25 am, lawyers trooped into the court even though the courtroom can hardly contain more than 25 lawyers. Oyedepo further told the court that the defendant failed to turn up at the EFCC’s office as promised on Friday so as to hand him the charge for the purpose of his arraignment on Monday. He said: “Since the handing of the charge is fundamental to the proper commencement of this proceedings and same having not being effected on the defendant, I shall be asking the court for a short adjournment that is convenient for the court to enable us serve the defendant and commence proceedings. ” Piqued by the submission of the prosecution lawyer that the defendant come to the anti-graft agency’s office to pick his charge, the defendant lawyer, Chief Wole Olanipekun, SAN, told the court that he cannot fathom any section of the Administration of Criminal Justice Act (ACJA) 2015 authorising or insisting on a defendant to come to EFCC’s office and pick his charge. He said: “Milord, may I correct a notion that the defendant didn’t honour a promise to be in their office on Friday. The defendant is the President of the NBA meaning that he is as busy as an ant with engagements here and there. “He has been going to EFCC’s office since June and he has been there up to ten times. It is a common knowledge that the charge had been publicised that he will be arraigned on Monday”. Olanipekun, while not opposing application for adjournment, urged the court to direct that the defendant be served and then take a date for arraignment. Responding, the prosecution lawyer, Rotimi Oyedepo, said by virtue of sections 122, 123 and 271 of the Administration of Criminal Justice Act (ACJA) Act, it is the duty of the prosecution to bring defendant before the court unfettered for the purpose of arraignment. He contended that the step taking by the prosecution is a proper procedure. “We knew the defendant was busy that was why he was invited politely. I don’t have a service copy here to oblige defendant because I have transmitted the charge to the office of Director of Operation. All I have is my own copy and I didn’t receive any correspondent that I should bring a copy to court,” Oyedepo said. Chief Olanipekun, however, disagreed with the prosecution, saying it is not the procedure for defendant to go to the EFCC’s office in order for him to be served. He urged the court to direct the court registrar to serve the defendant before the next adjourned date. Meanwhile, Justice Muslim Haaaan, adjourned the matter till December 18, 2018 and ruled that the charge be served on the defendant before the next adjourned date. Peter Fowoyo