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Court to rule in Nnamdi Kanu’s bail prayer March 19

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.As money laundering trial of ex-NIMASA D-G adjourned, pending fiat

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A Federal High Court in Abuja, on Monday, fixed March 19 for ruling on the bail application and preliminary objection to his trial commencement filed by Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB).

Justice Binta Nyako fixed the date after counsel for the Federal Government, Adegboyega Awomolo, SAN, and that of Kanu, Alloy Ejimakor, adopted their processes and presented their arguments for and against the motions.

The News Agency of Nigeria (NAN) earlier reported that at the resumed hearing of the matter, Awomolo told Justice Nyako that the case was coming up for hearing after the decision of the Supreme Court on December 2023.

Awomolo said the apex court affirmed Nyako’s decision of April 8, 2022, by affirming the preservation of counts one, two, three, four, five, eight, and 15 of the charge of which Kanu pleaded not guilty.

The senior lawyer said that the Supreme Court ordered the continuation of the hearing on the remaining seven counts out of the earlier 15 counts.

“So we are ready to proceed with the hearing of this matter and it is in the defendant’s interest and everybody’s interest in this country to see to the end of the hearing,” he said.

But Counsel to Kanu, Ejimakor, told the court that he had two motions; an application for bail and a preliminary objection.

He said though he agreed that the Supreme Court directed the continuation of the trial, they were not ready to continue the proceeding.

He urged the court to take the bail application and the preliminary objection for the court to decide whichever way, and the prosecution did not object.

.As money laundering trial of ex-NIMASA D-G adjourned, pending fiat

However, a Federal High Court Lagos, on Monday, adjourned until May 22, to await response to an application for fiat, in a charge against a former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Haruna Babajauro, over money laundering.

A “fiat” is a legally binding directive issued on a court or judge to do a particular thing.

The Economic and Financial Crimes Commission (EFCC) is prosecuting the defendant alongside two others, on a 19-count charge bordering on alleged N304.1 million money laundering.

The other defendants are Dauda Bawa and Thlumbau Enterprises Ltd.

Justice Kehinde Ogundare fixed the date on Monday following an information by defence that counsel had already applied for a fiat to the Chief Judge of the court, for the previous judge to continue with the case.

When the case was called, Mr. Abbas Mohammed announced appearance for the prosecution, while Mr V.C Maduagwu, announced appearance for the defendants.

Defence counsel first apologized to the court for the absence of the defendants on the grounds that they could not make it from Jos, adding that the defendants had always been present to stand for their trial.

Besides, defence counsel informed the court that the matter is part heard before a former judge, Justice Tijani Ringim, who has now been transferred out of the Lagos division.

He told the court that counsel had on December 8, 2023, applied for a fiat to the Chief Judge to enable Justice Ringim continue with the trial, adding that a reminder was also done on Feb. 15.

He said that a response is still being awaited, and consequently, asked the court for a further date to report on the fiat.

The court adjourned the case until May 22, for report on the fiat.

The defendants were first arraigned before retired Justice Mojisola Olatoregun on April 12, 2016.

They had pleaded not guilty to the charges and Olatoregun had admitted them to bail in the sum of five million naira each with two sureties in like sum.

Trial had commenced before Olatoregun but following her retirement, the charge was transferred to another judge, Justice Chuka Obiozor and the case commenced afresh after the defendants were re-arraigned.

The prosecution was still leading witnesses in evidence when Justice Obiozor was again transfered to another division of the court.

The case was then transferred to yet another judge, Justice Tijani Ringim.

The defendants were re-arraigned before Ringim, and trial had commenced with the prosecution calling two witnesses, but again, Justice Ringim was transferred out of the Lagos division late 2023.

The case is now before the new judge, Justice Kehinde Ogundare.

The EFCC alleged that the defendants in January 2014 converted the said sum belonging to the Agency to their own use.

The anti-graft agency said the offences contravened the provisions of sections 15(3) and 18(a) of the Money Laundering (Prohibition) Act of 2012.

 

 

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