By Onyewuchi Ojinnaka
The argument on whether or not a Federal High Court Lagos presided over by Justice Mohammed Idris who has been elevated to Appeal Court can continue with the trial of Senior Special Assistant on Domestic Affairs to former President Goodluck Jonathan, Dr. Waripamo-Owei Dudafa, and one Iwejuo Joseph Nna and allow an amended charge filed by the prosecution, will be determined on Friday November 16 in a ruling to be delivered by the court.
At the resumed hearing of the matter on Thursday, Dudafa’s counsel Gboyega Oyewole (SAN) told the court that he has filed notice of preliminary objection asking the court to strike out or discountenance the amended charge filed by the prosecution.
According to Oyewole, the preliminary objection dated November12 and filed same day is supported by 5-paragraph affidavit with a written address attached.
He adopted the address and urged the court to grant his objection. He argued that the prosecution caanot amend the charge at a stage in which both parties have closed their cases and ready to adopt their written addresses.
“An amended charge fir all intent and purposes is a fresh charge. ”
“Filing an amended charge is equivalent to filing a fresh charge.
He added that the implication of the amendment is starting the matter de novo (afresh), positing that the defendants will suffer and feel the heat.
He argued that by the fiat given to the trial judge, the court assumes the position of special court and not regular court that has sll the time to hear a matter.
“This court is a special court and has limited time snd therefore cannot be made to start a matter that has reached advance stage de novo.
He urged the court to discountenance and strike out the amended charge.
In his objection, Ige Asemudara, counsel to second defendant Iwejuo Joseph, raised the issue of court’s jurisdiction to continue the trial on a new amended charge.
“This honourable court lacks jurisdiction to continue the trial at this stage, particularly with regard to the amended charge.
“Your lordship will not continue to act as a high court judge when he has been elevated to Appeal court.
He argued the the trial judge can only hear and conclude a part heard matter and not hear the matter de novo.
“Once an amendment is made, it means beginning a matter afresh.
“The prosecution cannot eat his cake and have
“Your lordship is urged to decline the amended charge.
Responding, EFCC counsel Rotimi Oyedepo said that the issue before the court is very clear. He said that before filing of the final address, the prosecution has given a notice of filling an amended charge.
He submitted the filing of amended charge does not mean that the matter will start de novo.
“This matter will not start de novo because we are not calling any other witness.
“This case is a part heard matter. The amendment does not make it to start de novo. We are not adducing fresh evidence again. We amended in line with evidence given before the court.
Oyedepo concluded by saying that the issue of prejudice does not arise, adding that the court has the power to allow for amendment before judgenent.
He urged the court to allow the amended charge to be made, stressing that the prosecution will not call any other witness.
Dudafa and his co-accused, Iwejuo, were arraigned on June 11, 2016, before the court by the Economic and Financial Crimes Commission (EFCC) on a 23-count charge of conspiracy to conceal proceeds of crime amounting to N1.6 billion.
He also denied the conspiracy and concealment charge brought against him.
In the charge, the anti-graft agency alleged that the two accused persons, between June 2013 and June 2015, used different companies to fraudulently launder the fund.
Meanwhile the amended charge has not been granted by the court, pending the ruling.
