The Lokoja High Court has reserved ruling to January 24, on an application for stay of proceedings in the trial of Prince Abubakar Audu, former Kogi’s governor, in the case of N4 billion scam filed by EFCC.
The trial judge, Justice Tanko Hussein of High Court III, said the court would deliver its ruling on the application for stay of further proceedings because of the two appeals pending before the Appeal and Supreme courts.
Earlier, Mr Mike Ozekhome (SAN), representing Audu, had said he had filed a motion for stay of order of proceeding against the June 6, 2011 ruling of the court which ordered that the former governor be re-arraigned.
He added that the motion supported with a 25-paragraph affidavit and that of Dec. 12, asking the court to stay proceedings pending the determination by the Supreme Court of the applicant’s appeal before it must first be decided.
“The reason for the stay is to the effect that the court has no jurisdiction to re-arraign the accused.”
Earlier attempt by the EFCC’s counsel, Mr Rotimi Jacob, in an oral application, urging the court to strike out the two pending applications before it, was challenged by Ozekhome.
He said that the position of the Supreme Court was that every application should be taken, argued and ruled upon.
Jacobs opposed the application for stay of proceedings with a 40-paragraph affidavit, saying that the motions were part of the ploy to frustrate and delay the trial in the suit first filed in November, 2006.
He argued that the case should go on and also faulted the authorities cited by his colleague that they were not relevant to the case.
Hussein, however, ruled that the two applications must be heard and gave a 30-minute stand-down to enable the counsel prepare and make their submissions on the applications.
After about 90 minutes of argument between the counsel, the judge adjourned to January 24, for ruling on the applications.
