HEARING in the suit involving the Anosike brothers, Fidelis and Noel, at a Federal High Court, Lagos, suffered a hitch Monday with the absence of the prosecution, thereby forcing an adjournment till May 7.
The trial judge, Justice Chukwujekwu Aneke, adjourned the matter after their lead counsel, Babajide Koku (SAN), had announced appearance and the prosecution was absent. Koku said he was informed that the prosecution had flight difficulties from Abuja and so could not make it.
The two brothers were present in court as promised at the last sitting by their defence counsel, Norrison Quakers (SAN). Quakers had told the court that their absence was due to a business trip they travelled to attend, but assured the court that they would be present on the next adjourned date.
However, the prosecutor, Mr. Ernest Ezebuilo, retorted that the excuse of "business trip" was flimsy and not sufficient to prevent court proceedings. He told the court that the accused had been repeatedly absent and so, the court should exercise its discretion in compelling their attendance.
In response, Quakers told the court that the accused were men of integrity and honour, and would never run away from prosecution. According to him, they had appeared in several courts for both civil and criminal matters and had no reason to refuse attending court.
"My clients are noble men who will always attend to stand trial before the court. They have no reason to deliberately avoid attending court, and I crave your lordship's indulgence to grant us another grace," he said.
Quakers then informed the court of a pending application before the court, contesting the service of the charge on the accused. He said that at no time was the amended charge served on the accused, and this lack of service ousted the jurisdiction of the court to hear the case.
According to him, where the issue of jurisdiction of court is in question, it must be first dealt with, and in this case, there was an issue of service of the charge on the accused, to which they had filed an objection. He, therefore, added that it was only trite the application before the court be considered before further steps in the case.
The accused, according to the charge, were alleged to have conspired to commit felony by obtaining the sum of N25 million from the Education Trust Fund under the pretence of utilising it to set up Electronic Library for Daily Times.
The representation was said to be false while the alleged offence contravened Sections 1 (3) and 8 of the Advance Fee Fraud and other Related Offences Act, 2005.
The accused were also alleged to have conspired to obtain the sum of N100 million from Corporate Ideals Properties Limited and Senator Ikechukwu Obiorah with a false claim of having a printing factory at Lugbe, Abuja.
They were further alleged to have laundered about N75 million realised from the sale of Daily Times property at Cold Harbour Lane, London, United Kingdom (UK).
The Guardian