By Onyewuchi Ojinnaka
A Federal High Court sitting in Lagos Nigeria has on two consecutive ocassions adjourned ruling on whether a witness called by the prosecution, whose name did not appear in the proof of evidence can give evidence before the court or not, and after the ruling, the continuation of trial of Senator Peter Nwaoboshi
representing Delta North Senatorial District.
When the case which is before Justice Chukwujekwu Aneke was called up on Monday, O.A.R Ogunde (SAN) announced his appearance for the prosecution, while G.N Uwechue (SAN) with Anthony Idigbe (SAN) and G.A.I. Mowa appeared for first defendant.
Charles Nmarkwe and Onyebuchi Aniakor announced appearances for second and third defendants respectively.
In his submission, Ogunde told the court that the prosecution would be unable to proceed with the trial fixed for May 6 and 7 because he got a notice from defence lawyers that 1st defendant (Nwoboshi) would not be available on Monday 6 and Tuesday 7 earlier fixed for ruling and continuation of the trial.
“But we discovered today that the 1st defendant changed his mind and is court today. Unfortunately we are not able to reach our witness who is a banker due to the notice we received.
“In the circumstance, we have confered with the defence and agreed for another dates for ruling and continuation of trial.
In his submission, Uwechue counsel to 1st defenfant said in the circumstance, he agrees with the prosecution for adjournment to further dates.
Counsel to 2nd and 3rd defendants alligned with Uwechue.
Consequently Justice Aneke adjourned the case to May 28 and 30 for ruling and continuation of trial.
It would be recalled that the defence team had argued that the name of the witness called by the prosecution is not listed in the proof of evidence and no statement of the witness in the processes filed by the prosecution.
They argued that the whole purpose of proof of evidence is to be served on the defendant and therefore urged court to disallow the witness.
Responding, the prosecution counsel Ogunde said that the witness is giving evidence as a representative of Zenith bank, arguing that the bank can send any of its staff to represent it and not necessarily a particular person.
“It is the bank that is giving evidence. I do not know of any law that says a representative of any bank is bound to make a statement before giving or tendering evidence in court.
“Such is not bound by law” Ogunde argued.
“I submit that there is nothing in law, no compelling enactment or rule of your lordship that says that the witness cannot testify because he did not make any statement in the instant case.
“There is nothing in the law that says he must go to EFCC and make a statement before he can testify in this case.
“I therefore urge my lord to allow the witness before the court”.Ogunde concluded.
Nwaoboshi was charged by the EFCC, along with two companies – Golden Touch Construction Projects Ltd and Suiming Electricals, for alleged N322million money laundering.
The commission had re-arraigned the accused before Justice Aneke, on October 5, following the elevatom of the previous trial judge, Justice Mohammed Idris, to the Court of Appeal.
He had pleaded not guilty on his arraignment before Idris, and also, pleaded not guilty to the charges on his re-arraignment before Justice Aneke.
Following his re-arraignment, the case started de novo (afresh).
The prosecution had alleged that Nwaoboshi and Golden Touch Construction Projects, purchased a 12-storey building property, known as Guinea House, on Marine Road in Apapa, Lagos for N805million between May and June 2014.
The anti-graft agency claimed that N322million out of the N805million was part of proceeds of “an unlawful act of fraud.
The EFCC alleged that the N322million was transferred to the property’s vendor, on the order of Suiming Electricals, which was accused of aiding the accused to commit money laundering on or about May 14, 2014.
The alleged offences contravenes the provisions of sections 15(2)(d) and 18(a) of the Money Laundering (Prohibition) Act 2011.