The Special Offences Court in Ikeja, Lagos, has adjourned till January 30, 2025, to hear two applications in a charge brought by the Economic and Financial Crimes Commission (EFCC) against a defendant Mr. Olalekan Abdul in an alleged N1.35billion fraud charge.
The applications were filed by a nominal complainant (Applicant) through its counsel Chukwuma Machukwu Ume (SAN).
Ume informed the court that both applications were dated November 17, 2024, and filed on November 24, 2024. The first one listed the Lagos AG as a Respondent, while the other – apart from the parties before the court – listed the EFCC as a respondent.
The SAN added that the applications were “fundamental” to the matter before the court as they related to the Nolle Prosequi entered by the AG which resulted in the removal of the 20 counts charges and the amendment of the Information filed by the prosecutor.
“The above application is praying the court to set aside the order,” Ume added.
Responding to a question from justice Mojisola Dada, he informed the court that his second motion was focused on the amendment of the information filed on the 24th of October 2024 wherein the EFCC left out the second defendant Azubuike Ishekwene, an ex Punch newspaper editor.
“The application is that the order and the amendment be set aside. The said applications have been served on all parties,” Ume said, and prayed the court to take the application due to its “fundamental nature.”
TOlu Mokuolu Assistant Chief State Counsel, Federal Ministry of Justice (Office of the AGF) walked in and tendered his “unreserved apology” for his lateness to court.
He informed the court that the office of the AGF had the right to intervene in the matter. As such, he would be seeking an adjournment to get the file from the EFCC as there were petitions in the office of the AGF, and they would love to examine the file to see if they would take over or not.
Dr. Muiz Banire (SAN), who represented all Respondents was served with the applications, responded that he was not opposed to the application for an adjournment, as he just got back from Abuja and needs 48 hours to respond to them. Furthermore, since the office of the AGF was present in court, they will be waiting for his advice.
Prosecution counsel Franklin Ofoma requested that the court inquire into the identity of the person watching brief, following which Mr. Peter Umah stated that he was from Aswani Legal Partners Ltd and he was watching brief on behalf of the nominal complainant.
Consequently, the court adjourned till January 30, 2025, for a hearing and report.
The EFCC filed the charge in December 2019, with Mr Azubuike Ishekwene and Abdul as co-defendants in a 26-count conspiracy, forgery, and stealing charge. They were arraigned on January 29, 2020.
It was alleged that they conspired with one Adeyinka Adewole and Morakinyo Bolanle, at large, to obtain N350 million, and N1 billion from Wema Bank under false pretences.
Ishiekwene, and Abdul, former managing director of Cleanserve, pleaded not guilty and were granted bail.
After an unsuccessful attempt to take over the prosecution from the EFCC, the Lagos AG filed for discontinuance of the case by entering a Nolle Prosequi, following which Ishekwene was discharged.
Abdul is now the sole defendant in the amended charge.