The Economic and Financial Crimes Commission prosecution team said it is worried over the possibility that the trial of a former member of the Kogi State House of Assembly, Gabriel Daudu, may start afresh after five years.
Daudu, who served as the Caretaker Chairman of the Ogori/Mangogo Local Government Area of Kogi State between January and July 2008, is currently facing an amended 210 counts of money laundering and misappropriation of public funds to the tune of about N1.4bn.
The ex-lawmaker was first arraigned alongside a former Commissioner for Agriculture in the state, Albert Adesina, and seven other top officials of the Kogi State government before Justice Adamu Bello of a Federal High Court in Abuja.
The case was later transferred to the Lokoja Division of the Federal High Court before Justice Inyang Ekwo, where Daudu and Adesina were re-arraigned twice on amended charges.
The fear of the prosecution that the trial which began on April 1, 2010 may start afresh followed announcement by Justice Ekwo on June 29, 2015, that the Chief Judge of the Federal High Court, Justice Ibrahim Auta, had asked him to hands off the case.
Ekwo, who said that he was adjourning the trial sine die (indefinitely), told the parties that Auta had directed that the case should be handed over to Justice P.M. Ayuba of the Lokoja Division of the court, where it should start de novo.
In the trial, which had reached the advanced stage, the prosecution team, led by Mr. Wahab Shittu, had closed its case after calling about 13 witnesses and tendering 47 exhibits.
The defence, led by Mr. O.J. Onoja (SAN), had also told the court on June 29, 2015 that it was willing to close its case after calling seven witnesses.
Shittu who expressed displeasure over the development, urged the Chief Judge to take a second look at the case and possibly review the decision, saying starting the case afresh would occasion great inconvenience and injustice to the parties.
“We are constrained to inform His Lordship that this matter, which has been pending for almost five years has progressed to an advanced stage with both the prosecution and the defence having closed their respective cases paving the way for addresses by counsel.
“In the light of the above and in the interest of justice, we humbly appeal to His Lordship to allow the presiding judge, Honorable Justice I.E. Ekwo, to conclude this matter, in view of the length of time it has taken and the progress already recorded in the proceedings.
“We believe that in the circumstances starting the matter de novo after five years trial period and after nearly 13 witnesses and 47 exhibits had been tendered and admitted in the proceedings would occasion great inconvenience and injustice to the parties involved in the proceedings,” Shittu said in a letter to Auta, dated June 30, 2015.
