Wednesday, February 9, 2011
N25bn fraud: Igbinedion, the absence of other posts of court proceedings
The absence of former Edo State governor, Chief Lucky Igbinedion and six in the procedures of the Federal High Court, Benin, stalled yesterday in the case of criminal diversion and illegal acquisition of N25 million Edo State shares in Afribank . The Economic and Financial Crimes Commission (EFCC) had filed a charge of 66 off against an accused person who is expected to be in court to be formally indicted for trial, but did not appear.
Indicted along with Chief Igbinedion were Michael Igbinedion, Eboigbodin Patrick, Gava Corporation, Romrey Nigeria Limited, CML and PML Securities Limited Nigeria Limited. When demand with the number of FHC/B/11C/2011 mentioned, all the defendants were absent, but, however, represented by counsel.
counsel for the accused, Mr. Ricky Tafa (SAN) said the preliminary objection raised on 04 February 2011 is based on the fact that the new charges against the defendants was an abuse of judicial process and that the defendants had been previously charged.
In its response, the prosecutor, Mr. Rotimi Jacobs (SAN), told the court that the preliminary objection raised by counsel accused can be heard in the presence of the accused and applies to the court to issue an order arrest against the accused. In his ruling, Justice Hobon Adamu said it was not appropriate in the right of the accused unless the court, while his application was being decided.
"Overall, having considered all the circumstances of the prosecution and the application of the opposition coming for the first time to talk and counsel for both parties present in court that the accused put appearance at the next meeting and opposed the application of the load to be heard without delay, pending the arrest warrant must be invoked to compel the defendants to appear, "Justice ordered Hobon. The case was adjourned until March 22 for both the adoption of written addresses.
Indicted along with Chief Igbinedion were Michael Igbinedion, Eboigbodin Patrick, Gava Corporation, Romrey Nigeria Limited, CML and PML Securities Limited Nigeria Limited. When demand with the number of FHC/B/11C/2011 mentioned, all the defendants were absent, but, however, represented by counsel.
counsel for the accused, Mr. Ricky Tafa (SAN) said the preliminary objection raised on 04 February 2011 is based on the fact that the new charges against the defendants was an abuse of judicial process and that the defendants had been previously charged.
In its response, the prosecutor, Mr. Rotimi Jacobs (SAN), told the court that the preliminary objection raised by counsel accused can be heard in the presence of the accused and applies to the court to issue an order arrest against the accused. In his ruling, Justice Hobon Adamu said it was not appropriate in the right of the accused unless the court, while his application was being decided.
"Overall, having considered all the circumstances of the prosecution and the application of the opposition coming for the first time to talk and counsel for both parties present in court that the accused put appearance at the next meeting and opposed the application of the load to be heard without delay, pending the arrest warrant must be invoked to compel the defendants to appear, "Justice ordered Hobon. The case was adjourned until March 22 for both the adoption of written addresses.
