A Federal High Court in Abuja on Wednesday ordered a stay of proceedings in the trial of former Head of Service (HOS) of the Federation, Winifred Oyo-Ita, and eight others on an 18-count money laundering charge preferred on them by the Economic and Financial Crimes Commission.
The order was given by Justice Taiwo Taiwo, who in a ruling agreed with the defendants to stay further proceedings until the prosecution discontinues a related case that is pending before another judge -Justice Folashade Giwa-Ogunbanjo – also of the Federal High Court, Abuja.
Those charged with Oyo-Ita in the suit marked FHC/ABJ/CR/60/2020 are Frontline Ace Global Services Limited; Asanaya Projects Limited; Garba Umar and his two companies – Slopes International Limited and Gooddeal Investments Limited; as well as Ubong Okon Effiok and his two companies – U & U Global Services Limited and Prince Mega Logistics Limited.
EFCC accused the defendants of committing offences bordering on corruption, fraud, obtaining estacodes, and Duty Travel allowance (DTA) for journeys either not undertaken or not in existence, to the tune of about N570million.
The defendants pleaded not guilty to the charge at their arraignment on March 23, 2020, following which the court adjourned for the commencement of trial.
On December 1, 2020 when lawyer to the EFCC, Mohammed Abubakar indicated his readiness for trial, lawyers to the 4th, 5th and 6th defendants (Umar, Slopes International Limited and Gooddeal Investments Limited), particularly Augustine Ananukwa said the defence was not ready for trial.
While the case ongoing before Justice Taiwo, the EFCC filed an ex parte motion with suit number: FHC/ABJ/CS/1202/2020 before Justice Folashade Giwa-Ogunbanjo to obtain the power to freeze the bank accounts of 4th, 5th and 6th defendants.
The defendants demanded the unfreezing of their accounts, noting that the decision by the EFCC to approach another court for the orders amounted to an abuse of the process of the court.
Justice Taiwo, who did not hide his anger over the matter, described EFCC’s action as a contemptuous move and forum shopping.
.However, Abubakar insisted that EFCC’s was a lawful practice, not intended to abuse the court’s process but to secure the funds in the affected accounts and prevent them from being dissipated before the conclusion of the trial.
Ruling on the matter, Justice Taiwo, who had earlier on February 11, 2021, threatened to return the case file for reassignment if the EFCC failed to discontinue the case before the other judge, held that the prosecution’s act in obtaining the ex-parte freezing orders from a separate court was an abuse of process.
He also described the act as “judge shopping,” undertaken with the intention of getting a favourable court judgment. He said the action was reprehensible and condemnable.
He then proceeded to order a stay of proceedings in the trial until the EFCC and its lawyer “do the needful” by withdrawing the application before the other court.
 |
|
