By Onyewuchi Ojinnaka
Justice Rilwan Aikawa of a Federal High Court sitting in Lagos Nigeria on Wednesday varied the condition attached to bail granted the President of the Nigerian Bar Association (NBA), Mr Paul Usoro (SAN) by ordering that his international passport be released to him each time he wants to travel.
But hearing of pending applications challenging bench warrant issued to the Attorney-General of Akwa Ibom State by the Federal High Court Lagos was again stalled in Wednesday’s proceedings in the trial of the Nigerian Bar Association (NBA) President Mr Paul Usoro (SAN).
When the matter in which Usoro is standing trial along with others was called, counsel representing Akwa-Ibom officials who were issued Bench warrant by the court, Mike Ozekhome (SAN) told the court that the Economic and Financial Crimes Commission (EFCC) just filed its counter-affidavit to his client’s motion seeking an order vacating the warrant.
He submitted that the EFCC’s counter which was filed out-of-time contained series of allegations against his client which requires his response.
Faulting Ozekhome’s claims, EFCC’s counsel, Rotimi Oyedepo, agued that the proceedings are being regulated by the ACJA, adding that in the nation’s criminal jurisprudence, there is no law, except specific direction of court, that compels a party to file a written address.
In his own submissions, counsel representing Governor Udom Emmanuel of Akwa-Ibom State, Dr. Charles Mekwunye, informed the court that he was served with EFCC’s counter-affidavit to his motion challenging the court’s jurisdiction on Monday.
Consequently, he sought for time to file his response to the counter.
Meanwhile, Usoro’s lawyer, Wole Olanipekun (SAN) had in his submission, intimated the court about a motion he filed dated April 3, 2019, seeking the permanent release of his client’s passport to allow him attend to his foreign engagements as demanded by his office as NBA President.
While urging the court to grant the motion, the silk lawyer said it has been carefully worded in line with the circumstance of the case.
He further allayed fears on the possibility of the NBA’s President unavailability for his trial, assuring that in case of any clash between trial date and his travel date, the trial date will prevail.
Responding to the motion by Olanipekun, EFCC counsel Oyedepo said he will not be opposing to the granting of the motion by the court based on Olanipekun’s undertaken that the trial date is sacrosanct.
He however urged the court to mandate the defendant to notify the EFCC’s Acting Chairman, Ibrahim Magu, anytime he wants to travel out of the country.
In a bench ruling, Justice Rilwan Aikawa ordered the release of Usoro’s passport but directed Usoro to ensure that Magu is notified anytime he wants to travel out of the country.
Further hearing in the matter has been adjourned to 10th May, 2019 for hearing of all pending applications. Usoro is facing a10-count charge levelled against him by the EFCC.
He was charged by the anti-graft agency on alleged N1.4 billion money laundering.
He had pleaded not guilty to the charge.In the charge marked FHC/418c/18, the Anti-graft agency alleged that the defendant committed the offence on May14, 2016.
It was also alleged that Usoro conspired with others to commit the offence within the jurisdiction of the court.He was 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.
According to the prosecution, the unlawful activity include breach of trust which contravenes the provisions of Section 15(2), 15(3) and 18(A) of the Money Laundering (Prohibition) Act 2011.
