The Economic and Financial Crimes Commission (EFCC) yesterday urged a Federal High Court in Lagos to dismissed the separate applications filed by two former ministers, Femi Fani-Kayode and Senator Nenadi Usman, challenging the jurisdiction of the court to hear the money laundering charge brought against them by the commission.
The EFCC in a counter affidavit to the Ministers’ applications insisted that their applications were brought in bad faith to scuttle the trial.
Fani-Kayode, Senator Usman and others are being tried by the Economic and Financial Crimes Commission (EFCC) for allegedly stealing and laundering about N4.9bn.They were charged before the court alongside a firm, Joint Trust Dimensions Limited and one Danjuman Yusuf on June 28, 2016 on a 17-count charge bordering on conspiracy, stealing, corruption and making cash payments exceeding the amount authorized by law.
They all pleaded not guilty to the charge.
At the last sitting of the court the defendants through their lawyers had asked the court to suspend their clients ongoing trial until its hear and determine applications seeking to separate the trial, move the trial to Abuja and asking the judge to hands-off the matter .
The lawyers, Norrisson Quakers (SAN), Abiodun Owonikoko (SAN) and S.I Ameh urged the court to adjourn the suit to a date when all pending applications on jurisdiction will be heard and determined by the court, adding that it will serve the interest of justice to so do.
But the anti-graft agency in its reply to the applications maintained that the court has the jurisdiction to entertain the case and the proof of evidence has disclosed a prima facie case against the defendants.
The commission also argued that since the trial judge is not a employee of the EFCC, the allegation of likely bias levelled against by the defendants can not be sustained.
The anti-graft agency also submitted that the case can be tried in Lagos because most ofcthe activities alleged in the case did not only occurred in Abuja.
However, the hearing of the applications was stalled due to a request made by Fani-Kayode’s lawyer, Quakers for more time to file his response on point of law to the EFCC’s counter-affidavit.
Also during Wednesday’s proceedings, Justice Hassan rejected an attempt by the former Minister of State for Finance, Senator Usman to move a motion seeking permission to travel abroad to receive treatment for breast cancer
The court held that since she had challenged the jurisdiction of the court all other applications must be suspended until the court hear and determine whether or not it has jurisdiction to entertain the case.
Senator Usman had said doctors at the National Hospital recommended that she receives further treatment abroad after suffering a relapse of the illness after an earlier surgery.
Her lawyer, Abiodun Owonikowo (SAN) prayed the court to consider the former minister’s application to travel for medical reasons.
If she collapses, will this case go on? She has undergone surgery and has a relapse. Doctors at the National Hospital have recommended that she needs to get urgent medical treatment abroad.
This is a matter as serious as breast cancer. We are all humans and can fall sick,” he said.
But, EFCC’s lawyer Rotimi Oyedepo, said Usman’s application for leave to travel cannot be heard when there were applications challenging the court’s jurisdiction.
Oyedepo also submitted that the issue of jurisdiction ought to be determined first before all other applications were heard.
If they want this application (for leave to travel) to be heard, then they should withdraw the application challenging the court’s jurisdiction,” he said.
Ruling, Justice Hassan agreed with the prosecution’s submissions. He held that since the defendants have applications on jurisdiction with regards to where they should be tried, as well as on fair hearing, those applications ought to be determined first.
“The law is clear. The court is obliged to determine the issue of jurisdiction first. I am inclined to take the application challenging the competence of this court to entertain the case,” he said.
Justice Hassan has adjourned the case till March 1 for hearing of all pending applications.
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