The Special Offences Court in Ikeja, Lagos, Tuesday declined an application by the Lagos State Attorney General, Lawal Pedro (SAN), to completely halt the trial of Azubuike Ishekwene and Olalekan Abdul, being prosecuted by Economic and Financial Crimes Commission (EFCC) for alleged N1.35b fraud.
Justice Mojisola Dada discharged the duo of the 20 counts filed against them by the state but ordered the continuation of their trial on five related counts simultaneously filed against them by the EFCC.
A mild drama ensued in the process, leading to the judge accusing the defence counsel of disrespecting the court and the lawyer maintaining his innocence.
The matter was adjourned to Thursday, 31st of October 2024 for Continuation of Trial.
The AG had filed for discontinuance after an earlier move to take over its prosecution failed. The court had also earlier ruled that the defendants had a case to answer, and that the prosecutor could prosecute the defendants.
The anti-graft agency filed the charge in December 2019, with Ishekwene and Abdul as co-defendants in a 26-count conspiracy, forgery, and stealing charge. They were arraigned on January 29, 2020.
It alleged that they conspired with Adeyinka Adewole and Morakinyo Bolanle, at large, to obtain N350 million, and N1 billion from Wema Bank under false pretences.
Ishiekwene, and Abdul, former managing director of Cleanserve, pleaded not guilty and were granted bail.
The matter resumed yesterday for the ruling on the Notice of Preliminary Objection filed by the prosecution concerning the Notice of Discontinuance filed by the AG. It relied on Section 211 of the Constitution for discontinuing both State and Federal Offenses before the court.
Franklin Oforma appeared with A. A Usman for the prosecution, Jonathan Ogunsanya for the A G of Lagos State, Adeyinka Olumide-Fusika (SAN) appeared with O. Oyewole, U. Adindu and S. Olawode for the 1st Defendant while A. Abdulrasaq represented the 2nd Defendant.
The Second Defendant’s Counsel informed the court that the learned Silk, Dr. Muiz Banire was ill and on his way.
Reading her ruling, Justice Dada discharged the 1st and 2nd defendants on all 20 out of the 26 counts brought against them under the laws of Lagos State relying on sections 211 of the 1999 constitution.
Nevertheless, the judge also ruled that the defendants should continue their defence in the remaining six-count charge brought against them under the Advance Fee Fraud Act and EFCC Act.
Mr. Olumide-Fusika asked that the case be stood down for 30 minutes. Afterwards, he attempted to make an oral application for his client to be acquitted, but the judge declined.
A mild drama ensued in the process, leading to the judge accusing Olumide of being “lousy” and “rude” and the SAN denying the allegation and maintaining his stand.
Olumide-Fusika: “At least it will be on record that I made the applications.
Judge:” I’ll consider it in the final judgement.”
Olumide-Fusika: “No I’m making the application now.”
Judge: “Ehn let it be there.”
Olumide-Fusika: “I’m making the application now. Now! My lord.”
Judge: “Please don’t shout. No shouting.”
Olumide-Fusika: “I’m not shouting. I’m making the application now.”
Judge: “And watch your language please.”
Olumide-Fusika: “I’m making the application now. I’m making the application now. The prosecutor made an application when Your Lordship read the ruling. This – ”
Judge: “What application did he make?”
Olumide-Fusika: “He made an application. He pointed your lordship’s attention to the fact that your lordship made an order discharging and asking the second defendant to go.”
Judge: “Discharging them – ”
Olumide-Fusika: “Your lordship said so.”
Judge: “- on 20 counts.
Olumide-Fusika: I said I’m making my own application now. I’m making it now. Your lordship can decide…
Judge: “Mr. Olumide-Fusika.”
Olumide-Fusika: “Yes, my lord.
Judge: “Watch your language please.”
Olumide-Fusika: “What language am I watching?”
Judge: “I do not appreciate your language.”
Olumide-Fusika: “What language am I watching? I’m not watching any language. I’m only making an application as a lawyer.”
Judge: “As a lawyer but you don’t need to be a lousy lawyer. You don’t need to be lousy.”
Olumide-Fusika: “Lousy how?”
Judge: “You’re being rude to the court.”
Olumide-Fusika: “How my lord? That I am making an application under the rules?”
An anonymous member of the Bar to Olumide-Fusika: “You’re shouting.”
Olumide-Fusika: “How am I shouting? I am making an application under the rules of this court –“
Judge: “And I’ve said I’ve heard you and my ruling remains what it is.”
Olumide-Fusika: “I am making an application before this court. It is my duty to make an application.”
Judge: “If you’re not ready –“
Olumide-Fusika: “It is my duty to make an application.”
Judge: “ – I’ll give you another date so you can come and do your shouting game.”
Olumide-Fusika: “I’m not shouting. I’m making an application and I would want it to be taken down that your lordship should acquit… your lordship didn’t hear the application.”
Judge: “I heard it.”
Olumide-Fusika: “Okay, on what counts am I asking?”
Judge: “On the 20 counts obviously.”
Olumide-Fusika: “There are no 20 counts.”
Judge:” The 20 counts listed earlier on.”
Olumide-Fusika: “There are no 20 counts. My application is for the acquittal, which can be refused, but I have the right to make the application and I don’t see what is rude in that.”
Judge: “I’m relying on my ruling. I have refused you.”
Olumide-Fusika: Your lordship cannot rely on the ruling when it is me making the application, but not rely on it when it is the prosecution making the application. Your lordship changed a lot of things in that ruling when it was pointed out to your lordship that your lordship had made an error. And I am telling your lordship that your lordship has made an error.”
Judge: “What did I change? I have told you to watch your language. What did I change?”
Olumide-Fusika: “It is on the record.”
Judge: “I said they were discharged on the 20 counts.”
Olumide-Fusika: “No, I even pointed out my lord, I joined the prosecutor in pointing out, that in actual fact, your lordship told him to go. Your Lordship told him to go. But that’s not the issue. My application today is…I have been calm. My lord I have been very calm, but I am also not the kind of lawyer that can be intimidated. Yes, I will say so.”
Judge: “Who is trying to intimidate you?”
Olumide-Fusika: “That is what your lordship is trying to do. That is what your lordship is trying to do. Your Lordship cannot tell me not to make an application. And then tell me I’m rude because I said I want to make an application. What else have I said? Did I insult your Lordship? Did I call your lordship names? No.”
Judge: “You did.”
Olumide-Fusika: “There are people in court. We have people in court. I only said I made an application and your lordship is telling me I cannot make an application. What is my role as a lawyer if I cannot make an application?”
Judge: “I have recorded you and I said I will rely on my ruling.”
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