Judge Hands- Off Senator Nwaoboshi’s Alleged N805m Fraud Trial
Justice Mohammed Idris formerly of the Federal High Court in Lagos on Monday hands -off the trial of the Senator representing Delta North in the National Assembly, Senator Peter Nwaoboshi following the insistence of the Economic and Financial Crimes Commission (EFCC) that the matter be reassigned to another judge.
Justice Mohammed Idris, who was elevated to the Court of Appeal after the case had begun, had earlier held in a ruling that both the prosecution and the defence must agree for him to have jurisdiction to continue to adjudicate on the case.
But the EFCC maintained that on the ground that parties in a matter cannot by consent confer jurisdiction on the court where none exist.
Based on the development Justice Idris had directed that the case file be taken away for reassignment to another judge, despite the fiat given to him by the President of the Court of Appeal, Justice Zainab Adamu Bulkachuwa, to conclude the case.
The EFCC was opposed to the continuous hearing of the matter by the judge on the ground that it does not satisfy the requirement of Section 494 of the Administration of Criminal Justice Act (ACJA) as a ‘part heard’ matter.
This view was dismissed by Nwaoboshi’s lawyer, Dr. Victoria Azinge (SAN), who expressed the readiness of her client to face his trial, so that he can know his fate as soon as possible.
In a ruling on the contentious issue, Justice Idris agreed with the anti-graft agency that the case does not fulfil the requirement of Section 494 of ACJA.
He however expressed his readiness to conclude the case as long as parties agreed that he should do so.
He said: “The judiciary is ready, my court is ready, the defence is ready but it does not seem that the prosecution is ready to go on with this matter.
”I am ready to sit from 9am to 5pm Monday to Friday next week to conclude the matter for the prosecution.
”The ACJA is clear on the issue of delays. It is to eliminate unacceptable delays”.
After the ruling on July 31, the EFCC promised to revert back to the court on where it stands.
However, at the resumed hearing of the matter on Monday, the anti-graft lawyer informed the court that the commission is not willing to proceed with the case.
“We don’t want to proceed with trial on the basis that parties cannot by consent confer jurisdiction on the court where none exist”, she said.
Responding, Nwaoboshi’s lawyer described the EFCC’s action as unfortunate saying it is contrary to the spirit behind ACJA which sought speedy conclusion of criminal trials.
Justice Idris later directed that the case file be taken away for reassignment to another judge.