The trial of the President of the Nigerian Bar Association (NBA), Mr. Paul Usoro (SAN) has been adjourned to 17th April, 2019.
The Presiding judge, Justice Mohammed Aikawa fixed today for the commencement of Usoro’s trial after he was re-arraigned on 1st March, 2019 by the Economic and Financial Crimes Commission (EFCC) on a 10-count charge bordering on alleged N1.4 billion fraud.
The judge at the last adjourned date upon a request by the EFCC prosecutor, issued Bench warrant for the arrest of the three officials who were named in the charge and one, Margaret Ukpe.
The officials said to be at large are: Commissioner for Finance, Nsikan Nkan; Attorney-General and Commissioner for Justice, Uwemedimo Nwoko and the Accountant General of the state, Mfon Udomah.
However, at the resumed trial of the case today, Usoro’s lawyer, Chief Ifedayo Adedipe (SAN) drew the court’s attention to a application he filed before the court seeking to compel the anti-graft agency to furnish him with the summary of the statements of all its witnesses.
He claimed that the application dated 15th March, 2019 has been served on the prosecution.
Responding, EFCC’s lawyer, Rotimi Oyedepo, said the filing of the application which he claimed is not ripe for hearing should not stall the defendant’s trial.
He further disclosed that the statements of all the prosecution witness who volunteered to write has been attached to the proof of evidence given to the defence.
At this juncture, lawyer representing the accused officials, Chief Mike Ozekhome (SAN) also drew the court’s attention to his client’s application seeking to vacate the Bench issued by the court.
Another lawyer, Dr. Charles Mekwunye, who represented Governor Udom Emmanuel, also informed Justice Aikawa of his motion challenging the court’s jurisdiction to entertain the matter.
He argued that the Governor who was supposed to be covered by immunity is under trial before the court.
In his responce to the application filed by the three Akwa-Ibom state officials, Oyedepo sought the court’s indulgence to respond to it.
On Governor Udom’s application the lawyer argued that since his plea is yet to be taken, he cannot raise any objection to the charge talk less of challenging the court’s jurisdiction.
Following heated arguement among parties on whether or not the matter should proceed to trial or be adjourned for the motions to be heard, Justice Aikawa adjourned trial of the matter to 17th April, 2019.
While adjourning the matter, the judge warned parties to desist from employing delay tactics aimed at stalling speedy conclusion of the matter.
In the charge marked FHC/418c/18, the EFCC alleged that Usoro converted and laundered the N1.4 billion in connivance with Governor Udom Emmanuel of Akwa- Ibom State.
The Governor was however not listed as a defendant in the charge, as the anti-graft agency indicated that he is “currently constitutionally immunned against criminal prosecution”.
The offence allegedly committed by the NBA President was alleged to be contrary to Section 18 (a) of the Money Laundering (Prohibition) Act, 2011 and punishable under Section 15(3) of the same Act.
Some of the counts as contained in the charge read as thus:
“That you Paul Usoro SAN, Emmanuel Udom (currently constitutionally immuned against criminal prosecution), Uwemedimo Thomas Nwoko (still at large), Nsikan Linus Nkan (Commissioner for Finance, Akwa Ibom state) (still at large), Mfon Jacobson Udomah (Accountant General of Akwa Ibom state) (still at large) and Margaret Thompson Ukpe (still at large) sometimes in 2015 in Nigeria, within the jurisdiction of this Honourable Court conspired amongst yourselves to commit an offence, to wit, conversion of N1.4 billion, property of government of Akwa Ibom state of Nigeria, which sum you reasonably ought to know forms part of the proceeds of an unlawful activity to wit; criminal breach of trust and thereby committed an offence contrary Section 18 (a) of the Money Laundering (Prohibition) Act, 2011 and punishable under Section 15(3) of the same Act.
“That you Paul Usoro SAN, Emmanuel Udom (currently constitutionally immuned against criminal prosecution), Uwemedimo Thomas Nwoko (still at large), Nsikan Linus Nkan (Commissioner for Finance, Akwa Ibom state) (still at large), Mfon Jacobson Udomah (Accountant General of Akwa Ibom state) (still at large) and Margaret Thompson Ukpe (still at large) on or about the 14th day of March, 2016 in Nigeria within the jurisdiction of this Honourable Court converted the sum of N300 million, property of government of Akwa Ibom state of Nigeria, which sum you reasonably ought to know forms part of the proceeds of an unlawful activity to wit; criminal breach of trust and thereby committed an offence contrary Section 18 (a) of the Money Laundering (Prohibition) Act, 2011 and punishable under Section 15(3) of the same Act”.