…Hands over to Attorney General
The Office of the Attorney-General of the Federation on Friday
took over the case of alleged N25 billion fraud filed against
Former Gombe State Governor, Senator Danjuma Goje from the Economic
and Financial Crimes Commission.
The News Agency of Nigeria reports in Jos that for almost eight
years, the EFCC had been prosecuting the former governor until
Friday.
The case, which is before Justice Babatunde Quadiri of Jos
Federal High Court II, has even gone to the Jos Court of Appeal
over the remaining two counts out of the 21 charges filed against
him by EFCC.
The Appellate Court is yet to fix a date for the hearing of the
appeal.
When the case came up for an emergency hearing before Justice
Quadiri, the EFCC Counsel, Mr. Wahab Shittu, told Court that the
agency was withdrawing from the case and handing it over the office
of the Attorney-General for continuation.
“My Lord, this case was earlier adjourned for June 20 for the
continuation of hearing, but then we are here today on the latest
development on the matter.
“We as EFCC counsels are withdrawing from the matter and handing
it over to the office of the Attorney-General for continuation with
the prosecution.
“As you can see in court today is a State Counsel from the AGF’s
office to formally take over this case from us,” Shittu
declared.
Responding, Mr Paul Erokoro (SAN), did not object to the EFCC
withdrawal and handing over of the case to the
Attorney-General.
“My Lord, we do not object to the anti-graft agency’s withdrawal
and handing over the prosecution to the AG’s office,” Erokoro
said.
Mr Pius Asika, Counsel from the office of the Attorney General
announced his appearance for the case.
Asika then applied for an adjournment to enable him to prepare
for the case proper “having come into the matter today
(Friday)”.
Justice Quadiri then adjourned to the case to June 21, 2019 for
continuation of hearing.
(NAN)
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9th Speaker: Court quashes June 10 summons on
Gbajabiamila
A High Court of the Federal Capital Territory has quashed the
earlier summons by an Area Court in Karshi, Abuja asking an
aspirant for the Office of the Speaker of the House of
Representatives, Hon. Femi Gbajabiamila to appear before it on June
10, 2019
The court has also ordered the Area Court to stay action in
whatsoever manner on any case involving Gbajabiamila.
The Area Court judge, Hon. Anas Isah Mohammed has also been
ordered by the High Court to transmit certified record of
proceedings of the lower court within seven days.
Justice Othman Musa of the FCT High Court, Bwari gave the order
following an ex-parte motion filed by Gbajabiamila
The House leader had sued the African Peoples Party(APP) and the
Area Court judge, Anas Isah Mohammed seeking two reliefs.
The reliefs are:
· An order of this Honorable Court granting leave to the Applicant
to apply for judicial review for an order of certiorari to remove
into this Honorable court for the purpose of its being quashed, the
proceedings, decisions, criminal charge and Order of His Worship,
Honorable Anas Isah Mohammed of Grade 1 Area Court, Karshi, Federal
Capital Territory, Abuja, made on 30th May 2019 in Charge No:
CR/349/2019 and Motion No. M/19/2019, between African Peoples Party
(APP) Vs. Hon. Femi Gbajabiamiia (AKA Femi Gbaja).
· An order of this Honourable Courtstaying all proceedings and
hearing of the Criminal Charges, actions and decisions of His
Worship, Hon. Anas Isah Mohammed of the Grade 1 Area Court, Karshi,
Federal Capital Territory, Abuja, made on the 30th day of May,
2019, in Charge No.: CR/349/2019 and Motion No. M/19/2019, between
African Peoples Party (APP) Vs. Hon. Femi Gbajabiamila (AKA Femi
Gbaja), which affects the subject-matter of this application
pending the hearing and determination of the Motion on Notice for
an Order of Certiorari filed by the Applicant herein.
In his ruling, Justice Othman Musa granted the ex-parte prayers
of the applicant
He said: “Where at any stage of proceedings before final
judgment In any cause or matter in an Area Court a person alleges
that he is not subject to the jurisdiction of Area Court, the
proceedings shall, on the application of that person to the High
Court be transferred to the High Court, which shall inquire into
and determine the truth of the person’s allegation. ‘
“It is for the reasons advanced above that I proceed to grant
the application as follows:
“ Leave is hereby granted to the Applicant to apply for judicial
review for the issuance of an Order of Certiorari to remove the
whole proceedings, orders, pending applications and the entire
record of Hon. Anas Isah Mohammad in Grade 1 Area Court of the FCT,
Holden in Karshi in charge number: CR/349/2019 and Motion No:
M/19/2019 between African Peoples Party (APP) Vs. Hon Femi
Gbajabiamila (AKA Femi Gbaja) into this court for the purposes of
being quashed by way of judicial review.
“ It is further ordered by virtue of Section 12(1) of the
Federal Capital Territory Area Court Act and Order 44 Rule 3(6)(a)
that the leave so granted above shall operate as a stay of further
action or proceedings by the respondents; particularly the
proceedings in Grade 1 Area Court (Coram Hon. A.I Mohammed) the
2″‘1 Respondents in this application, in CR/349/2019 is hereby
stayed
“ It is ordered that the 2nd Respondent(the Area Court judge)
either by himself or the registrar of the Lower Area Court is to
transmit a certified record of proceedings of the lower court into
this court or make same available to the applicant upon payment of
the required fee within 7 days from the service of this order.”
The case was adjourned to 20th of June 2019 for definite hearing
of the motion on Notice of the Originating Summons.
By PRNigeria