Fani-Kayode’s counsel, others refuse cross examining EFCC witness

Defence counsel to Femi Fani-Kayode and others arraigned with him at the Lagos Federal High Court by the EFCC on Tuesday refused to cross examine the prosecution witness after he testified against them owing to pending application in court.

Fani-Kayode, who was former Director of the Peoples Democratic Party (PDP) Presidential Campaign Organisation and Nenadi Usman, a former Minister of State for Finance, are being arraigned by EFFC on a 17-count charge of laundering N4.6 billion.

Also charged along with them is Yusuf Danjuma, a former National Chairman of the Association of Local Governments of Nigeria (ALGON) and ex-Chairman of Kagarko Local Government Area of Kaduna State and a company, Jointrust Dimentions Nigeria Ltd., which is said to belong to Danjuma.

The accused had all pleaded not guilty to the 17-count charge which borders on conspiracy, unlawful retention of crime proceeds and money laundering.

The prosecution counsel, Mr. Rotimi Oyedepo, at the resumed hearing of the matter on Tuesday concluded his examination in chief for the first prosecution witness Idowu Olusegun, a media consultant, under the name and style of Paste Posters Company Ltd.

Olusegun started his testimony on October 21, 2016, and had told the court that payment of monies was made to him in cash for the printing of posters and flyers by the office of the Director of the PDP Campaign Organisation.

Continuing his testimony on Tuesday, the prosecutor asked for exhibit P4 and P5 (cash receipts) from the court and tendered same to the witness, and demanded to know how much was paid to him by the office of the Director, PDP Campaign Organisation.

Olusegun in his response told the court that he received payments in the sum of N6million and N24 million all made in physical cash to him.

After this, Oyedepo told the court he was done with his questions. The court therefore demanded to know if there were cross examinations for the witness.

But counsel to the second defendant, Mr Abiodun Owonikoko (SAN), explain to the court that in light of pending applications before the court which mainly were jurisdictional in nature, the provisions of Section 295 of the Constitution ought to be considered.

Read also: Wike runs to court to stop police probe of Rivers rerun poll

He argued that the stage is due to request for hearing of his pending application dated Nov. 11 and brought pursuant to the provisions of sections 45 (1), and 49 (1) of the Federal High Court Act, as well as the provisions of Sections 209 of the Administration of Criminal Justice Act 2016, seeking severance of the criminal charge of the accused.

Also, counsel to Fani-Kayode, the first accused, Mr Norrisson Quakers (SAN), toed the same line with the submissions of Owonikoko, praying that the court should first hear applications touching on jurisdiction before proceeding.

He said his own application was weightier as it challenges the jurisdiction of the court, adding that the law is trite that once such issues are raised, it must be determined one way or the other.

According to Quakers, cross examining the witness would mean submitting to jurisdiction which from all indication was an issue; he urged that a date be issued for hearing of all pending applications.

Likewise, counsel to the third accused, Mr S.I Ameh (SAN), also aligned himself with the submissions with other defendant counsels.

However, the prosecutor objected to the prayers of defence counsel saying he was taken aback. He said all the applications the defendant counsel made reference to could be taken together and the court afterwards can defer its ruling.

He further argued that the defendants had submitted to the jurisdiction of the court having pleaded to the charges. Saying it was a clear case of volenti non fit injuria (voluntary assumption of risk), and prayed the court to make progress.

Justice Muslim Hassan, after listening to the arguments adjourned the case till January 18 for ruling.

 

 

RipplesNigeria ….without borders, without fears

Join the conversation

Opinions

Support Ripples Nigeria, hold up solutions journalism

Balanced, fearless journalism driven by data comes at huge financial costs.

As a media platform, we hold leadership accountable and will not trade the right to press freedom and free speech for a piece of cake.

If you like what we do, and are ready to uphold solutions journalism, kindly donate to the Ripples Nigeria cause.

Your support would help to ensure that citizens and institutions continue to have free access to credible and reliable information for societal development.

Donate Now