By Vivian Okejeme, Abuja
Justice Ahmed Mohammed of the Federal High Court, Abuja has refused the Economic and Financial Crimes Commission,(EFCC) application for amendment on the criminal charge it filed against a former Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Mr Andrew Yakubu.
In a ruling, the court held that order of the Appeal Court was clear and unambiguous.
He held that there is a subsisting judgment delivered on April 24, 2020 wherein the Court of Appeal, Abuja Division had ordered the defendants to enter defence on counts 3 and 4 of the charge.
“Allowing the EFCC to amend counts 3 and 4, of the criminal charge”, according to the court, “is tantamount to disobeying the subsisting order made by the Court of Appeal on April 24, 2020”.
‘’ I found no logic in accommodating the argument of the prosecution.
‘’The court of appeal decision is specific, unambiguous and still subsisting.
‘’The defence should enter his defence as directed by the appellate court,’’ the Judge held.
Shortly after the ruling, counsel to the prosecution, Halima Shehu, informed the court that the principal counsel, Muhammed S Abubakar is unavoidable absent in court today.
She therefore, asked the court for adjournment to able his principal to continue with the case.
Responding, the defence counsel, Ahmed Raji, submitted that the application for adjournment is a ploy by the prosecution to delay the matter.
‘My lordship, reject the application of the adjournment. In alternative, I plead very passionately for a short adjournment in the interest of justice and inline with ACJA 15.’’
Meantime, Justice Mohammad adjourned the matter to June 30th for continuation of trial.
Yakubu was arraigned before Justice Ahmed Mohammed on March 16, 2017 on a six-count charge of fraud having admitted owning over $9.8 million cash found in a house that also belongs to him in Kaduna state.
Recall that on March 10, the prosecution counsel, Halima Shehu had informed the court of the application for amendment of the charge.
“The application is brought pursuant to Section 216(1) and (2) of the Administration of Criminal Justice Act, 2015.
“We humbly apply for the application to be granted for us to amend the charge” the EFCC lawyer stated.
Responding, Yakubu’s lawyer, admitted before the court that he refused service of the application to amend the charge.
“I do confirm that we refused service of what has been described as an amended charge this morning. We did so with reasons” Usman stated.
The prosecution posited that the April 24, 2020, judgment of the Court of Appeal Abuja, had provided guide on the trial.
“The case was remitted back to the trial court for the appellant (Yakubu) to enter defence in respect of counts 3 and 4 of the charge, and not counts 3 and 4 of an amended charge” Yakubu’s lawyer argued.
He further submitted that the court and parties in the matter are “bound to give effect to the order of the Court of Appeal which is extant”.
