The Nigerian Bar Association (NBA) President, Mr. Paul Usoro SAN, was on Tuesday, arraigned by the Economic and Financial Crimes Commission (EFCC) at a Federal High Court in Lagos, for an alleged N1.4 billion fraud.
Usoro, who pleaded not guilty, was docked before Justice Muslim Sule Hassan on a 10-count charge. He was alleged in the charge to have conspired to convert N1.4 billion, property of Akwa Ibom State Government.
Others charged with him are: Akwa Ibom State Commissioner for Finance, Nsikan Nkan; Accountant-General Mfon Udomah; Attorney-General Uwemedimo Nwoko and Margaret Ukpe said to be at large.
Equally named in the charge was the Akwa Ibom State Governor, Mr. Emmanuel Udom, who the EFCC said was currently constitutionally immune from prosecution by virtue of his office.
13 Senior Advocates of Nigeria (SANs) led by Chief Wole Olanipekun SAN were in court to defend Usoro.
At the call of the case, Olanipekun opposed his client’s arraignment pending a transfer of the case from the present judge, Justice Hassan.
He told the judge that the defence had written a letter to the Chief Judge of the Federal High Court, Justice Abdul Kafarati, seeking a transfer of the case to Uyo, Abuja or any other jurisdiction of the court away from the judge.
Olanipekun said: “I owe it a duty to advise the court that the defendant made available to his lawyers, a copy of a letter dated December 17, 2018, addressed to the Chief Judge of the Federal High Court praying for the transfer of the case to any judicial division between Uyo and Abuja or if in Lagos to any other judge apart from my lord presiding.
“The application is very innocuous and was written by virtue of the legal right of the defendant.
“We understand that a copy of the letter has been served on the court and since the letter is before the Chief Judge, the proper thing is to await his decision as a mark of respect for him.”
But, the EFCC counsel, Mr. Rotimi Oyedepo, opposed him.
Oyedepo prayed the court to discountenance Olanipekun’s submissions on the ground that the ruling of the court fixing yesterday for arraignment of the defendant had not been set aside.
According to him, Section 9 of the Administration of Criminal Justice Act (ACJA) governs the place of trial and enquiry, and requires that the charge be filed in the jurisdiction, where the alleged offence took place.
He argued that sufficient facts which would lead to a transfer of the case to Uyo or Abuja were not available.
“It was not the contention of the defence that the ingredient of the alleged offence did not take place in Lagos. The events that will lead to the transfer of the case to either Uyo or Abuja Division are not available,” Oyedepo said.
Justice Hassan held: “I have listened vehemently to the submissions of counsel and I have also read the letter written to the CJ.
“The issue in view is narrowed down to whether the defendant can take his plea in the circumstance.”
The judge held that although it was not in dispute that the CJ reserved the right to transfer cases, the instant case was already assigned to his court.
Justice Hassan admitted the defendant to bail for N250 million, with one surety in the like sum.
The court added that the surety must be owner of landed property within the court’s jurisdiction or a civil servant not lower than the rank of a Director in the Federal or State civil service.
The NBA President was further ordered to deposit his international passport with the court’s Deputy Chief Registrar (DCR), which will be verified for genuineness.
He adjourned the case till February 5, March 5, and March 6, 2019 for trial.