$620,000 bribery scam: Farouk Lawan asks court to suspend trial

Started by PeoplesDaily, Jun 20, 2013, 01:31 PM

PeoplesDaily

farouk-lawalAn application for stay of proceedings filed by former Chairman of the House of Representatives' adhoc committee on Fuel Subsidy Regime, Hon. Farouk Lawan, and his Secretary, Mr. Boniface Emenalo, before an Abuja High Court, was yesterday opposed by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

The duo of Farouk and Emenalo had filed an application seeking to stay proceedings in their ongoing trial, pending the determination of an appeal before the Abuja Division of the Court of Appeal.

At the resumed hearing of the matter, the anti-graft agency, represented by Chief Adegboyega Awomolo (SAN) told the court that the accused person's application is, "frivolous, vexatious and a design to stall trial of the accused persons.

He argued further that the pending appeal filed on June 6, raises a fundamental issue on the court's jurisdiction and competence to hear and determine the seven-count charge, bordering on conspiracy and corruption preferred against the accused.

He said, "the continuation of this case while the appeal is pending will render the outcome of appeal nugatory, should the Court of Appeal decide the appeal in the Accused/Applicants' favour.

"The continuation of proceedings in this suit while the appeal is pending is capable of overreaching whatever decision the Court of."

Opposing the application, Awomolo observed that stay of proceedings was a very grave, serious and a fundamental interruption of the right of the prosecution to prove the alleged criminal conduct of Lawan and Emenalo.

Awomolo added that trial courts, in circumstances such as this, were enjoined not to "impose a stay of proceedings, unless the applicant has shown beyond reasonable doubt that the trial ought not to continue, particularly, it it's an application based on an interlocutory appeal".

He said the applicants failed to show special and exceptional circumstances for a stay of proceedings adding that, "it is the duty of the applicants to demonstrate this in the affidavit in support of the application."

ICPC maintained that there is nothing in support of the motion to suggest that the accused persons will suffer any prejudice if the application is refused, more so that the applicants are not in custody

and urged the court to dismiss the application and order accelerated hearing.

The court adjourned till July 10, 2013 to rule on the application.

Lawan and Emenalo, are being prosecuted for allegedly collecting the sum of $620, 000 as bribe from Chairman of Zenon Oil and Gas, Mr. Femi Otedola.

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Folami David

Whatever punishment would resuce our rate of bribery and corruption in this country should be implemented as soon as possible.

Folami David