By Onyewuchi Ojinnaka
Senior Correspondent
Notwithstanding the warrant of arrest issued against the former governor of Enugu State Dr Chimaraoke Nnamani, by Justice Chuka Obiozor of Federal High Court Lagos, the ex-governor refused to appear in court on Thursday December14 as fixed, for re-arraignment by the Federal government through its anti-graft agency, the Economic and Financial Crimes Commission (EFCC) over allegation of fraud to the tune of N5.3bn.
Also ordered to be arrested is one Sunday Onyekaozuru Anyaogu.
However, rather than appearing in court, Nnamani filed an application through his counsel, challenging the jurisdiction of the court to put him on trial. He prayed the court to refuse jurisdiction in the charge leveled against him by the anti graft agency.
During proceedings on the matter, Nnamani’s counsel, Abubakar Samsudeen submitted that the application to decline jurisdiction was brought pursuant to Sections 6(6) and 36 of the 1999 Constitution.
In the application, the former governor prayed the court to issue a declaration that it lacks the jurisdictional competence, to try him and or determine the offences contained in charge No. FHC/L/90c/07 between FRN vs Chimaroke Nnamani and eight others. in respect of which a plea agreement was reached between the parties in the charge which led to the institution and determination of amended charge marked FHC/L/09c/2007A, between FRN vs. Rainbownet Nigeria Limited, dated July 7, 2015.
Nnamani also prayed for a court order setting aside Charge No. FHC/09c/2007, FRN vs. Chimaroke Nnamani and eight others, whether on original or amended form.
Besides, he also wants an order of perpetual injunction restraining the Federal Republic of Nigeria, its agents, privies, or any other persons deriving power from the Federal Government of Nigeria from inviting, instituting, maintaining or otherwise prosecuting them in respect of Charge No. FHC/L/09c/07, between FRN vs Chimaroke Nnamani and eight others.
Furthermore, the embattled ex-governor of Enugu State seeks an order staying their re-arraignment in the said charge, whether in its original or amended form, pending the hearing and determination of the application.
In addition to the prayers of Nnamani, his counsel Samsudeen further urged the court to withdraw/vacate the bench warrant issued against the second defendant in the charge, Anyaogu, whom he said came to court voluntarily.
The counsel told the court that the second defendant was not aware that the matter would come up at the last adjournment date, adding that when he informed him, he (Anyaogu) made himself available before the court.
Responding, the EFCC lawyer Mr K. C. Uzozie, informed the court that he was just being served with the application, and that there are issues of law that is contained in the application.
He therefore asked the court to grant a short adjournment to enable the agency respond to the application filed by Nnamani.
Ruling on the submissions, Justice Obiozor, adjourned the matter till January 19, 2018 for hearing and determination of Nnamani’s application, and as well take the plea of the accused persons on the alleged fraud.
While withdrawing the bench warrant of the second defendant, Justice Obiozor held that the one on Nnamani subsists.
Sent from my Samsung wireless.