Court orders EFCC to re-arraign Jonathan’s ex-aide

A Federal High Court In Lagos, on Friday, ordered the
re-arraignment of a former presidential aide, Waripamo-Owei Dudafa
charged by the Economic and Financial Crimes Commission (EFCC),
over N1.6 billion fraud.

Dudafa, an ex aide to former President Goodluck Jonathan, is
charged alongside one Iwejuo Nna.

EFCC alleged that they committed the offence on June 11,
2013.

They were first arraigned in 2016, before Justice Mohammed
Idris, on 23-counts of conspiracy to conceal proceeds of crime
amounting to N1.6 billion.

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On Friday, Justice Mohammed Idris ordered the re-arraignment of
the accused, after dismissing objections to the amended 22 count
charge preferred against them by the EFCC.

The accused were consequently, re-arraigned on the amended
charge, and they pleaded not guilty to same.

The court then allowed the accused to continue with the previous
bail earlier granted by the court.

After their re-arraignment, the defence informed the court that
they would need to call their witnesses afresh.

In response, the prosecutor, Mr Rotimi Oyedepo, told the court
that even if they wished to recall any of the prosecution
witnesses, he would oblige them.

The court adjourned the matter until Nov. 19, for trial by 1
p.m.

Before their re-arraignment, the court had delivered his ruling,
dismissing the objections to the amended charge.

The court had held that an amendment was permissible by law at
any time before judgment, adding that once there is an amendment,
the accused are expected to plead to same.

“Section 396(7) of the Administration of Criminal Justice Act,
allows the court to conclude part heard matters within reasonable
time, and I have no doubt that this falls within the ambit of the
law.

“This court is sitting pursuant to a flat, and this fiat is not
open ended, but will expire after its time, and the trial will
begin de novo before another judge.

“The defendants are at liberty to call or recall any witness in
the case; in my opinion, a reasonable time is when the time for
justice does not wear out against the parties, but is seen to be
done,” the court had held

The News Agency of Nigeria (NAN) reports that the prosecution
closed its case on March 16, but the accused opted to make a
no-case submission in its defence.

Defence had urged the court to dismiss the case, on the grounds
that the prosecution failed to establish any case against them.

Justice Idris had in a ruling delivered in August, dismissed the
no case submission of the accused, and ordered them to open their
defence.

Defence had since opened its case, after which the court
adjourned for adoption of final written addresses.

On Nov.12, the prosecutor, Oyedepo, informed the court of an
amended charge against the accused, and told the court that same
had been served on defence, and urged that the accused be re
arraigned.

In response, defence counsel, Messrs Gboyega Oyewole (SAN) and
Ige Asemudara, respectively, resisted the move by prosecution, on
the grounds that they had not studied the amended charge.

The court had then adjourned for hearing of arguments on the new
charge.

On Nov.15, defence counsel had respectively argued their
objections in opposition to the amended charge, urging the court to
strike out same.

They argued. that the amendment would prejudice the case of the
accused, adding that Justice Idris, who had been elevated to the
Court of Appeal, lacked jurisdiction to allow the amendment, as he
was only empowered to conclude cases.

They argued that an amended charge was a fresh charge, adding
that the court was not supposed to hear fresh cases.

In response, the prosecutor argued, that even before final
addresses were filed, he had given the defence notice of the said
amendment.

He argues that the amendment had not divested the court of the
power to go on with the case pursuant to Section 396 (7).

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He had urged the court to allow the charge and cause the
respective pleas of the accused to be taken.

In the charge, EFCC alleged that the accused on June 11, 2013,
conspired to conceal the sum of N1.6billion, which they reasonably
ought to have known formed part of proceeds of unlawful act.

The offences contravenes the provisions of sections 15 (2),
15(3), and 18 of the Money Laundering Prohibition Act, 2012.

NAN

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