By Onyewuchi Ojinnaka
A Federal High Court in Lagos, Nigeria presided over by Justice Saliu Saidu on Tuesday, granted leave for Francis Momoh, third defendant in a criminal trial to travel overseas for medical attention.
However the court gave him a condition that he should produce an additional surety who will deposit his international passport with the court.
The Economic and Financial Crimes Commission (EFCC) had charged Momoh together with a former Director of the Niger Delta Development Commission (NDDC) Tuoyo Omatsuli, and two companies; Don Parker Properties Ltd, and Building Associates Ltd over alleged N3.6 billion fraud.
Omatsuli, Don Parker Properties Ltd, Momoh and Building Associates Ltd are first, second, third and fourth defendants respectively.
They were docked on November 28, 2018, on a 45-counts charge bordering on corruption, gratification, fraud and money laundering. They had pleaded not guilty to the charges and were admitted to bails, having perfected the conditions
At the resumed hearing of the case on Tuesday, Mr George Chia-yakua appeared for the prosecution, while Messrs A. Aguda-Kehinde (SAN), and Norrison Quakers (SAN) appeared for the defendants.
In his submission,Quakers informed the court that there was an affidavit of extreme urgency dated February 6, which specifically relate to the state of health of the third defendant (Momoh)
Moving his motion, he submitted that his application had been served on prosecution who in turn filed a counter affidavit to which a response has also been filed.
He further submitted that attached to his application were three photo exhibits, a written address as well as a further affidavit.
Quakers told the court that more fundamentally, the third defendant who was granted administrative bail by the EFCC’, had reported to the commission for 13 months without failure, adding that the bail conditions granted him by the court had also been perfected.
Quakers adopted the arguments contained in his application and urged the court to grant the defendant’s application for medical treatment abroad.
Responding, the prosecutor, Chia-yakua raised objection to the application on the grounds that the deponent of the affidavit did not affix a seal and stamp as a legal practitioner.
Citing Order 10 Rule 3 of the Rules of Professional Conduct for legal practitioners, he argued that the failure to affix the seal was a fundamental error, and urged the court to refuse same.
Besides, he argued that the said application was a ploy to stall trial of the case, adding that the defendant can be directed to a hospital in Nigeria such as a University Teaching Hospital, a National Hospital or any other good hospital in the country.
He urged the court to refuse the application.
After listening to submissions of counsel, Justice Saidu in a bench ruling, held that the court was satisfied that the defendant was properly before the court and that only a living person can stand trial.
The judge consequently ruled that “the third defendant is given 30 days to seek medical attention abroad “
He however, held that as a condition for the leave, the third defendant is to provide an additional surety who will deposit his international passport with the court.
He adjourned the case until March 27 and 29 for trial.
According to the charge, the defendants were alleged to have committed the offences between August 2014 and September 2015.
The first defendant was alleged to have procured the third and fourth accused (Momoh and Building Associates) to utilise a total sum of N3.6 billion paid by Starline Consultancy Services Ltd into an account operated by fourth accused.
The prosecution averred that they ought to have known that the said sums, formed part of the proceeds of their unlawful activities which includes corruption and gratification.
The offences contravene the provisions of Sections 15(1), 15(2), 15(3) and 18 of the Money Laundering Prohibition Act 2011, as amended by Act No 1 of 2012.