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| Erastus Akingbola |
Justice Abiru gave the order after the defence led by Chief Felix Fagbohungbe (SAN), failed to produce their last witness after series of adjournments which they sought to enable them produce the said witness.
He also ordered the defence to file their final written address within 14 days from today and the Economic and Financial Crimes Commission to file its own final address within seven days of receiving the defence’s copy.
When the case was called today, Chief Fagbohungbe informed the court that they were still unable to produce their witness and asked the court for another adjournment as the particular witness “is material to the case of the defence.”
According to him, the said witness (whose name was not mentioned) was absent from court because he was indisposed.
Justice Abiru however dismissed the application by Fagbohungbe for an adjournment.
He stated that his orders followed an undertaking by Chief Fagbohungbe at the previous sitting on October 14, 2012 that the defence would close their case if they were unable to produce their next witness.
Justice Abiru faulted the basis for calling another witness having granted an adjournment for the same purpose on 14 October, 2012 Godwin Obla, the Economic and Financial Crimes Commission (EFCC) counsel also opposed the application for adjournment describing it as a delay tactic and a deception.
He said “This supposed witness is a witness at large. A witness with no name; a witness with no designation. If the witness is sick, there should be a medical report.
“With regard to the last proceedings, I will not be wrong if I say this is another serious attempt to delay the trial”
According to Obla, the court has granted the defendants the opportunity to present their case and if they fail to do so, the prosecution is entitle to proceed with the trial.
“I submit that the application for adjournment lacks merit considering the facts of this case and I urge your Lordship not to be deceived by it and to dismiss it”
The court also dismissed the excuse by Chief Fagbohungbe that he was not willing to disclose the witness’ identity to avoid likely harassment of the witness by the EFCC.
“That is not part of the record of this court. Go through your record and tell me any day you complained about the harassment of your witness by EFCC,” he said.
Justice Abiru consequently ruled that, “the honourable thing is for the defence to close their case in line with their undertaking. The case of the defence is hereby closed in line with the undertaking.”
Meanwhile, Chief Fagbohungbe also indicated his displeasure that the court ordered that the defence should file their final address within 14 days.
According to him, the 14 days imposed by the court for the defence to file his final address contradict procedures which he said allows him 21 days to file such address.
“I have more than 800 pages of verbatim recording and 649 pages of exhibits. Fourteen days cannot be enough for me to prepare my final address. Imposing 14 days to file final address in a trial of one year and seven months will be most unfair for the defence,” Chief Fagbohungbe stated.
The matter was adjourned till 15 November, 2012 for adoption of final addresses.
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