Justice Gabriel Kolawole of the Federal High Court, Abuja has lambasted the Economic and Financial Crimes Commission (EFCC) over display of gross misconduct in the prosecution of an alleged N3.1B corruption case.

The Judge who accused the EFCC of frustrating proceedings in the trial and attempting to take over control of court withdrew from the EFCC case and returned its file to the Chief Judge of the Court, Justice Abdul Adamu Kafarati for re-assignment to another court.

The trial involving a serving Colonel in the Nigerian Army, Nicholas Ashinze and five others ran into storm during the cross examination of an EFCC operative, Mr. Hassan Sheidu.

Counsel to Army Officer, Mr. Ernest Nwoye had asked the EFCC operative who conducted investigation into the case to confirm to the court, if the name of Nicholas Ashinze appeared in any of the transactions relating to the N3.1B water project contract and which he answered negatively.

Nwoye also asked the EFCC witness to confirm to the court whether the contract was initiated by the office of the National Security Adviser where the Army Officer served or the Federal Ministry of Water Resources and which he answered in favor of the latter.

Trouble began when another question on whether the NSA office was responsible for payment of the contract and whether the office of Secretary to the Government of the Federation (SGF) and the Central Bank of Nigeria (CBN) which effected payment ever declared the water contract illegal or fraudulent and which he answered in the negative.

Nwoye then asked the EFCC witness to tell the court why the name of Nicholas Asinze was put on the charge sheet.

Counsel to EFCC Mr. Ofem Uket became uncomfortable with the cross examination and began interjecting into the proceedings persistently.

Efforts by the Judge and other lawyers that the cross examination be allowed unhindered were rebuffed as the counsel objected to virtually all the questions put to his witness.

In the face off that ensued, Justice Kolawole attempted to call EFCC to order but the effort yielded no fruitful result while other lawyers expressed bitterness on the issue.


The interjection got to the climax when the counsel openly challenged the court records which were severally read out to him by Judge to assuage his feelings.

However, when all effort to call the counsel to order to stop the interjection were rebuffed, Justice Kolawole informed the counsel to conduct himself in manners expected of a legal practitioner which still yet yielded no fruitful result.

At a point, the Judge said he could no longer condone the conduct of EFCC in the trial and announced his withdrawal from the case.

Justice Kolawole accused the anti-graft agency of frustrating his court and desperately seeking to take over control of the court from him against the normal practice.

He said that it was the duty of the court to allow a witness in a criminal trial to be cross examined with questions contemplated by law adding that the display of apprehension by EFCC was unjust and un-called for.

The Judge while lambasting the EFCC for taking the court, laws and the best practice for granted counseled the commission to always put its house in order before rushing to court for trial adding that Justice was not for a particular side.

He therefore opted out of the case and returned the file to the Chief Judge for re-assignment to another judge.

Justice Kolawole had on March 21, 2017 stopped the trial of the defendants in the case when the EFCC in a press statement quoted the court proceedings upside with claims that the defendants were indicted for N36B contract fraud and put on trial before the court.

The press statement which was widely published in the newspapers drew the anger of a Senior Advocate of Nigeria SAN, Mr. Paul Erokoro who insisted that the EFCC statement was capable of misleading the general public.

The senior lawyer drew the attention of the court to the 13 court charge against the defendants involving N3.1B and not N36B and demanded that the court call the EFCC to order in the media trial of the defendants.

EFCC counsel Mr. Ofem Uket had denied granting press interview but however admitted that the offending press statement emanated from the media unit of EFCC.

In his ruling then, Justice Kolawole condemned the EFCC for conducting two trial for the defendants in the media and his court.

The Judge said that it was wrong of the EFCC to have claimed that the defendants were indicted for N36B alleged fraud when such a bogus figure was not contained in the charge adding that such press statement will prejudice fair trial of the defendants.

The trial however, resumed when the offending newspaper publications were retracted by the EFCC and apologies tendered to the court.

Other defendants in the case are Sadiq Mohammed, a foreigner A.C Wolfang and a lawyer Mr. Edidion Edidion.

http://dailypost.ng/2018/03/14/dasukigate-judge-lambasts-efcc-misconduct-withdraws-case/

Ayam not surprised!

Buhari is a very stupid gworo chewing, cow urine sipping Fulani folly!

He's the one behind all these EFCC drama just to take vengeance on dasuki!

The guy above me don first me attack the illiterate aged goat that started this whole nonsense.

What is Efcc?

We all know its all delay tactics by d govt to kip fooling their zombie followers into believing their anti corruption nonsense...

This nation has gone back 260 degrees behind time.

psucc:
This nation has gone back 260 degrees behind time.

No thanks to cow ass licking dumbohari

Hmmm

Media trial without evidence...

Tarnish the image of the accused in the media, condemn and sentence him in the media but when it is time to prove their case in court they become uncomfortable.
Obviously this Magu and Co are playing someone's revengeful script.
When they truly begin to fight corruption, the result will be easier to get.

like I always say, the bane of pmb's anti corruption fight aside from its selectiveness, is the propensity to lie & exaggerate issues.


that there were corrupt acts under the previous administration is without doubt, but did they steal as much as is been claimed by this regime? that is the question.


the defendant might have looted in the region of N100m or even N200m, but this administration will say it is N36b, later N3.1b because they feel that saying he stole a 'mere' N100m will not elicit the same bile & venom from Nigerians against the previous administration.


of course, any right thinking human will know that with the way figures are bandied about without verification, the efcc is being mischievous.


they say dasuki looted $2b, later they said its $15b, yet the total charges against dasuki is less than N50b ($130m+).




corruption cannot be fought by using vindictive tactics. a clean honest fight against corruption will be less cumbersome & produce faster results.

Buhari's anti corruption fight is just a ruse.

It is simply his payback to Dasuki for the role he played in kicking Buhari out of office in 1985.

Media trial failed them again in the court.

Tomorrow renowned idiots and resident zombies will say it is corruption fighting back. I don't think the judge should have recused himself. At least he should have awarded very punitive costs against the lawyer and the EFCC for contempt in the face of the court.

I know he's just irritated and disgusted with the nonsense trial that clearly goes to no issue. They just harass n embarrass perceived enemies but when push comes to shove, they can't even tie the defendant to the alleged crime. What nonsense?!

From what is happening in the so call Dasukigate trial, it is very obvious that this govt has nothing against Dasuki. Buhari is just using personal vendetta to settle scores through EFCC.

ivandragon:
like I always say, the bane of pmb's anti corruption fight aside from its selectiveness, is the propensity to lie & exaggerate issues.


that there were corrupt acts under the previous administration is without doubt, but did they steal as much as is been claimed by this regime? that is the question.


the defendant might have looted in the region of N100m or even N200m, but this administration will say it is N36b, later N3.1b because they feel that saying he stole a 'mere' N100m will not elicit the same bile & venom from Nigerians against the previous administration.


of course, any right thinking human will know that with the way figures are bandied about without verification, the efcc is being mischievous.


they say dasuki looted $2b, later they said its $15b, yet the total charges against dasuki is less than N50b ($130m+).




corruption cannot be fought by using vindictive tactics. a clean honest fight against corruption will be less cumbersome & produce faster results.

Well said. As a matter of fact the case against dasuki is not up to N15 billion in court as we speak, but this rudderless govt riddle out $2 billion arms money to generate anger against previous govt.

i knew it

this one pass me

ok. Can they just free the man and tell us a mew story jare.
The episode has become boring and irrelevant

The current EFCC is flawed and dangerous.

ivandragon:
like I always say, the bane of pmb's anti corruption fight aside from its selectiveness, is the propensity to lie & exaggerate issues.


that there were corrupt acts under the previous administration is without doubt, but did they steal as much as is been claimed by this regime? that is the question.


the defendant might have looted in the region of N100m or even N200m, but this administration will say it is N36b, later N3.1b because they feel that saying he stole a 'mere' N100m will not elicit the same bile & venom from Nigerians against the previous administration.


of course, any right thinking human will know that with the way figures are bandied about without verification, the efcc is being mischievous.


they say dasuki looted $2b, later they said its $15b, yet the total charges against dasuki is less than N50b ($130m+).




corruption cannot be fought by using vindictive tactics. a clean honest fight against corruption will be less cumbersome & produce faster results.

I remember when they said dieziani stole those billions!!! And it is more than two nations budget.....

The Propaganda regime... This is really quite unfortunate

APC and deceit is interwoven

Typical.

36 BILLION IS SAME AS 3.1 BILLION

JUST DIVIDE 36 BY 10 U GET 3.6 BILLION DEN REMOVE LYING N PROPAGANDA FEES FOR BMC DEFENCE ACADEMY U GET 3.1 BILLION WHICH D effc still cant prove.

Why should the judge abandons the control of his court. What about the power to charge the lawyer for contempt.?.

How can the judge withdraw from the case, could he not charge EFFCC for contempt of court?

NIGERIA JAGAJAGA, EVERYTHING SCATTER SCATTER, POOR MAN DEY SUFFER SUFFER, GBOSA GBOSA, GUN SHOT AT THE END.

psucc:
This nation has gone back 260 degrees behind time.

But we warned you people!

EFCC is there to alleged,rushed to court and use tactics to wast some one destiny,waste public money

Frankly speaking, things are not getting better with this Buhari administration.

Naija do taya alot of people.....
Churches go dey fast and pray for a better change
Mosques go dey render prayers for change

All nah wash

Now this is the CHANGE Buhari promised

We don't even trust INEC that if we should get our PVC, our votes will count
Mehn, I weak jare