A Federal High Court Abuja, has slammed N10,000 (Ten Thousand Naira) fine against the Economic and Financial Crimes Commission (EFCC) for failing to appear in court for the continuation of hearing on the trial of Dr. Philemon Gora on a two-count charge for illegally operating a financial institution.
This fine was slammed on the 23rd November, 2018, as the non- appearance of the prosecution, the Economic and Financial Crimes Commission (EFCC) in court, without notice, also stalled the hearing of the day.
The counsel to the defense told the court how the EFCC, against a subsistent court order, arrested his client, Dr. Gora after the last court sitting, detained him for almost a week and quickly released him on that night before 23rd November, 2018 trial day.
The defense later opined that it was this illegality on the part of the EFCC that prompted their non- appearance for the trial. Thereafter, the counsel to the defense, Barr. Alex argued for the case to be struck out for non-appearance and other abuse of court orders and processes by the prosecution.
This demand for the case to be struck out was, however, rejected by the court.
The trail judge, justice Ijeoma Ojukwu was very furious at the non-appearance of the prosecution and the continuous harassment, intimidation, incessant arrest and detention of the defendant.
she thereafter slammed a fine OF N10,000 against the EFCC and compelled them to appear on November 30, 2018 for continuation of trial.
On the next trial day, 30th November 2018, the third and fourth prosecution witnesses that were supposed to testify against Dr. Gora were unavailable. The counsel to the prosecution said the witnesses are military officers. He went on the say that one of the witnesses was totally absent in court without any reason while the other called him to take excuse that he (the witness) was not released from his duty post. The circumstance now constrained the prosecution to seek another adjournment.
The lead defense counsel, Barr, Alex, expressed dissatisfaction that the court has had to adjourn the case severally at the instance of the prosecution without serious reasons. He frowned at the careless manner of handling of the suit which they ( The EFCC) filed against the defendant.
Thereafter the trial judge, justice Ijeoma Ojukwu also made known her displeasure with the improper manner of the handling of this very serious suit. The court sitting thereafter indicated that it would not entertain more than 5 adjournments at the instance of the EFCC as they have already sought too many adjournments leading to unnecessary delay on the matter.
This would mean that the honourable court will have to strike out the case if the prosecution continues to frustrate the continuation of this very serious case as the EFCC is fond of seeking unnecessary adjournments.
The prosecution promised to make their witnesses available on the next trial date. The court then adjourned the case to 18th and 19th February, 2019 for continuation of trial.