By Onyewuchi Ojinnaka
The Economic and Financial Crime Commission (EFCC) on Tuesday docked the President of the Nigerian Bar Association, (NBA) Paul Usoro (SAN) before a Federal High Court Lagps, Nigeria to answer charges bordering on N1.4billion fraud, preferred against him.
The anti-graft agency levied a pending 10-count charge against the accused, before Justice Muslim Sule Hassan.
Other persons mentioned in the charge are the incumbent governor of Akwa Ibom, Emmanuel Udom, who is described in the charge as being “currently constitutionly immune from prosecution”; the Akwa Ibom State Commissioner for Finance, Nsikan Nkan; Accountant-General of Akwa Ibom State, Mfon Udomah; the Akwa Ibom State Attorney-General, Uwemedimo Nwoko and Margaret Ukpe.
Except Governor Emmanuel Udom, other accused persons mentioned in the charge are said to be at large.
When the matter was called up on Tuesday for arraignment, Mr Rotimi Oyedepo announced his appearance for the EFCC, while Chief Wole Olanipekun (SAN) leading other six Senior Advocates of Nigeria appeared for Usoro.
Addressing the court, Oyedepo said the anti graft agency had successfully served the criminal charge on the accused on December10, and sought leave of court for the plea of accused to be taken.
Responding, Olanipekun confirmed service of the charge on the NBA President, but hinted the court that despite the fact that it directed that the accused be served with the charge at the last adjourned date, the accused was asked to report to the commission’s office for service, stressing that at the commission, Usoro was kept for two hours before the charge was handed to him, while he acknowledged same, adding that he was kept at the EFCC for another two hours.
He however told the court that the EFCC had earlier informed the accused that he will be detained, but eventually let him go.
The Silk lawyer and former NBA President then informed the court that the team of defence counsel has been informed of a letter already written to the Chief Judge (C J) of the court, seeking a transfer of the case to Uyo, Abuja or any other jurisdiction of the court, apart from him, (Justice Hassan).
Based on parity of reasoning and citing diverse judicial and statutory authorities, Olanipekun, urged the court to await the decision of the C J instead of proceeding with the arraignment.
In response, the prosecutor (Oyedepo) argued that the matter was adjourned until Tuesday (today) for arraignment of the accused, adding that there is nothing before the court that can be construed as setting aside that purpose.
He referred to provisions of the Administration of Criminal Justice Act (ACJA), pointing out that objections can only be raised after the plea of the accused had been taken.
According to him, Section 9 governs the place of trial and enquiry, and requires that the charge be filed in the jurisdiction where the alleged offence took place.
Besides, he argued that sufficient facts which would lead to a transfer of the case to Uyo or Abuja, were not available.
Moreso, he argued that apart from the letter to the C J, there was no formal application before the court seeking a recuse, submitting that the prosecution was entitled to join issues on same.
Consequently, he urged the court to proceed with arraignment.
In a bench ruling, Justice Hassan held: “I have listened vehemently, to the submissions of counsel, and I have also read the letter written to the C J.
“The issue in view is narrowed down to whether the defendant can take his plea in the circumstance,”
The court held that “although it is not in dispute that the C J reserved the right to transfer cases, the instant case was already assigned to this court.
Justice Hassan further held that it is a rule, that even where such application for transfer exists, the trial judge should continue with hearing of the case, pending any contrary decision.
The court, consequently, called on the accused to take his plea on the charge.
When the ten-counts charge was read to him by the court registrar, Usoro pleaded not guilty to the charges.
After his plea, Olanipekun moved a bail application on behalf of the accused, praying the court to admit him to bail on liberal terms of self recognizance as President of the NBA.
He submitted that the International passport of the accused be deposited with the court as a measure, adding that he will apply for same whenever the need arises.
The prosecutor did not however, oppose the application, but left same at the discretion of the court.
Ruling on the application, the judge admitted Usoro to bail in the sum of N250 million, with one surety in like sum.
He added that the surety must be owner of a landed property within the court’s jurisdiction, or a civil servant not lower than the rank of a Director in the Federal or State civil service.
Justice Hassan ordered that the accused’s international passport be deposited with the court’s registry which will be verified if genuine.
The court then ordered that Usoro be handed over to a counsel of the inner bar, Mr E.B Effiong (SAN), pending perfection of his bail terms.
The case was adjourned to February 5, March 5 and 6, 2019 for trial.
In the charge with Charge number FHC/418c/18, the EFCC alleged that the accused committed the offence on May 14, 2016.
The commission alleged that Usoro, conspired with others, to commit the offence within the jurisdiction of the court.
He was further alleged to have conspired to convert the sum of N1.4 billion, property of Akwa Ibom State Government, which sum they reasonably ought to have known formed part of the proceeds of an unlawful activity
The prosecution averred that the unlawful activity include criminal breach of trust which contravenes the provisions of Section 15 (2), 15(3), and 18 (A) of the Money Laundering (Prohibition) Act, 2011.