The ongoing trial of Abubakar Ali Peters and his company, Nadabo Energy Limited, for an alleged N1.4 billion fraud, before Justice C.A. Balogun of the Lagos State High Court sitting in Ikeja, Lagos was stalled on Monday, January 24, 2022.
Counsel for the defendant, Abbas Oyeyemi, told the court that the defence could not continue with the cross-examination of Abdulrasheed Bawa, Chairman of the Economic and Financial Crimes Commission (EFCC), who is testifying as the prosecution’s fifth witness.
Abubakar and his company are being prosecuted by the EFCC on a 27-count charge for allegedly using forged documents to obtain N1,464,961,978.24 from the Federal Government as oil subsidy, after allegedly inflating the quantity of Premium Motor Spirit (PMS), purportedly imported and supplied by the company.
At the last sitting on December 20, 2021, Bawa, who was led in evidence by the prosecuting counsel, S.K. Atteh, had concluded his examination-in-chief.
Following the conclusion of his testimony, the court ordered the defence counsel, E.O. Isiramen, to commence the cross-examination of the defendant, which he did.
Afterwards, Justice Balogun adjourned till today, January 24, for further cross-examination.
However, at today’s proceeding, Isiramen was not in court, as the defendant was represented by Oyeyemi, who told the court that he held the brief of J.B. Daudu, SAN.
“We are not ready to proceed with the cross-examination as the defendant’s counsel is acting on the instance of the defendant and can’t continue with the cross-examination,” he said.
Oyeyemi further hinged his inability to continue with the cross-examination on the argument that the defence was yet to have the Certified True Copy (CTC) of the court’s proceedings.
“We have applied for the record of proceedings containing the testimony of the prosecution witness since 20th December 2021.
“However, we have been unable to procure the record,” he said.
In response, Atteh described the action of the defence as an attempt “to just frustrate the trial”, adding that the witness had been testifying since June 3, 2015.
He added: “There is no single document that the prosecution has not frontloaded, and provided for the defence.
“Moreover, the defence counsel is supposed to have his own record.”
Thereafter, Justice Balogun, while adjourning till January 25, for continuation of hearing, added that, “it is noted that Isiramen had even commenced cross-examination on that day and he is fully aware of today’s date for continuation of cross-examination.
“Moreover, all documents tendered were already in the possession of the defendant.
“It is obvious that the defendant counsel has everything.
“However, this court shall grant the defence one last chance to continue the cross-examination of the witness who is the Chairman of the EFCC and had to travel to Lagos to continue to be cross-examined.
“The Registrars of this court have already been directed to release to the defence counsel whatever they require.”
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