By Jude-Ken Ojinnaka
The trial of a former Director General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Haruna Babajauro before a Federal High Court sitting in Lagos which has gone through three trial judges as a result of transfer of the judges to other divisions, will have to wait for a response from the Chief Judge (CJ) to an application for fiat by the defendants.
Consequently, the court on Monday, adjourned until May 22, to await for the response of the application to allow the immediate past presiding judge to continue the trial of the defendants.
The Economic and Financial Crimes Commission (EFCC) is prosecuting the defendant alongside two others, on 19-counts charge bordering on alleged N304.1 million money laundering.
The other defendants are Dauda Bawa and Thlumbau Enterprises Ltd
The current presiding judge, Justice Kehinde Ogundare fixed the date on Monday, following an information by defence, that counsel had already applied for a fiat to the Chief Judge of the court and is awaiting response .
When the case was called, Mr Abbas Mohammed announced appearance for the prosecution, while Mr V.C Maduagwu, announced appearance for the defendants.
The defence counsel then apologised to the court for the absence of the defendants on the grounds that they could not make it from Jos, adding that the defendants had always been present to stand for their trial.
Besides, defence counsel informed the court that the matter is part heard before a former judge, Justice Tijani Ringim, who has now been transferred out of the Lagos division.
He told the court that counsel had on December 8, 2023, applied for a fiat to the Chief Judge to enable Justice Ringim continue with the trial, adding that a reminder was also done on February 15.
He said that a response is still being awaited, and consequently, asked the court for a further date to report on the fiat.
The court accordingly, adjourned the case until May 22, for report on the fiat.
The defendants were first arraigned before Justice Mojisola Olatoregun (now retired) on April 12, 2016.
They had each pleaded not guilty to the charges and Olatoregun had admitted them to bail in the sum of N5 million each with two sureties in like sum.
Trial had commenced before Olatoregun, but following her retirement, the charge was transferred to another judge, Justice Chuka Obiozor and the case commenced afresh after the defendants were re-arraigned.
The prosecution was still leading witnesses in evidence when Justice Obiozor was again transferred to another division of the court.
The case was then transferred to yet another judge, Justice Tijani Ringim.
The defendants were re-arraigned before Ringim, and trial had commenced with the prosecution calling two witnesses, but again, Justice Ringim was transfered out of the Lagos division late 2023.
The case is now before the new judge, Justice Kehinde Ogundare.
The EFCC alleged that the defendants in January 2014 converted the said sum belonging to the Agency to their own use.
The anti-graft agency said that the offences contravened the provisions of Sections 15(3) and 18(a) of the Money Laundering (Prohibition) Act of 2012.