By Onyewuchi Ojinnaka
The absence of Justice Chukwujekwu Aneke from court on Monday stalled proceedings in the $205 million fraud involving a former Director-General of the National Intelligence Agency (NIA), Ambassador Ayodele Oke, and his wife Folasade who at the last adjourned date were issued a bench warrant for their arrest and production in court on March 18 (today).
TheNiche gathered that the judge is on official assignment outside the jurisdiction and will not sit throughout this week.
Consequently, all matters slated for hearing on Monday have been adjourned to new dates for mention
The Economic and Financial Crimes Commission (EFCC), had filed before a Federal High Court a 4-counts charge of money laundering, fraud, concealment of crime proceeds to the tune of 205 million dollars and criminal breach of trust against Ambassador Oke and his wife
Three attempts made by the prosecution to arraign the defendants was aborted due to non availability of the duo.
On the last adjourned date, Justice Aneke had consequent upon the non availability of the defendants, ordered a warrant for their arrest in accordance with the provisions of Section 114 of the ACJA.
The matter was then adjourned till March 18 (today) for report of compliance but with absence of the judge, counsel to parties are yet to agree on a date.
It would be recalled that the arraignment of the defendants which was earlier scheduled for February 1 and later February 6 could not hold because the matter was not listed in the cause list.
The EFCC was unable to serve them with the charge information because their whereabout is unknown.
On Wednesday February 6, Justice Aneke had adjourned the case until Thursday February 7, for the prosecutor, Mr Rotimi Oyedepo to make neccesary applications before the court.
On Thursday when the matter was listed and called for arraignment, Oyedepo who appeared for the EFCC informed the court that the defendants were not in court, adding that there had been several attempts at serving the criminal charge on the defendants to no avail.
“My lord, the defendants are not in court, are not represented, and have not been served with the charge.
“In the course of investigation, the defendants gave us an address and we have gone to that address and did not find the defendants.
“We have also made repeated calls to the phone of the first defendant, it rang and was not picked.
“The security confirmed to us that they were living there, but said they were not around
” I will therefore, be praying the court for an instrument, a warrant to arrest these defendants, for the purpose of compelling their attendance to stand trial.
“Section 114 of the Administration of Criminal Justice Act, empowers the court to do so.
“When we had this challenge, we wanted to declare them wanted but I was mindful of the pronouncement of your brother judge, Justice Dimgba who had held that for a defendant to be declared wanted, it has to be by an order of court,” he said
Justice Aneke interjected by saying that he quite agrees with the decision of Justice Dimgba, adding that he would not declare the defendants wanted, but will only issue a bench warrant for now.
The court said that it is only where the warrant fails, that the defendants can then be declared wanted.
Aneke consequently said: “Having carefully listened to the oral submission of counsel praying the court for a warrant against the two defendants Mr Ayodele Oke and Mrs Folashade Ayodele, consequent upon a difficulty to compel their attendance, I am convinced that the application is not without merit.
“I hereby, order a warrant for the arrest of the defendants in accordance with the provisions of Sections 114 of the ACJA.
“This case is adjourned until March 18 for report of compliance,” the court ruled.
According to the charge, on April 12, 2017, the accused indirectly concealed the sum of 43.5 million dollars, property of the Federal Government of Nigeria in Flat 7B, No. 16, Osborne Road, Osborne Towers, Ikoyi, Lagos.
The accused were also alleged to have between August 25, 2015 and September 2, 2015 in Lagos, indirectly used the sum of 1.7 million dollars, property of the Federal Government of Nigeria to acquire Flat 7B, No. 16, Osborne Road, Osborne Towers, Ikoyi, Lagos.
The prosecution also alleged that the accused directly converted the sum of 160.8 million dollars property of the Federal Government of Nigeria to their own use .
According to the prosecution, the accused reasonably ought to have known that the said sums formed part of the proceeds of an unlawful act of criminal breach of trust and concealment of crime proceeds.
The offences contravene the provisions of sections 15, 15 (2), 15(2)(d) and 15 (3) of the Money laundering prohibition Act, 2015.
