By Mike Ojo
The Special Offences Court in Ikeja, Lagos, Tuesday declined an application by the Lagos State Attorney General, Lawal Pedro (SAN), to completely halt the trial of Azubuike Ishiekwene and Olalekan Abdul, being prosecuted by Economic and Financial Crimes Commission (EFCC) for alleged N1.35b fraud.
Justice Mojisola Dada discharged the duo of the 20 counts filed against them under the laws of Lagos State but ordered the continuation of their trial on five related counts simultaneously filed against them by the EFCC under the Advance Fee Fraud Act and EFCC Act.
A mild drama ensued in the process, leading to the Judge calling on the defence counsel attention to his obvious and outright disrespect of the court but still Mr. Olumide Fusika SAN maintained his ground even in the clear outburst of abuse of the Honourable Court.
The matter was adjourned to Thursday, 31st of October 2024 for Continuation of Trial.
The AG had filed for discontinuance after an earlier move to take over its prosecution failed. The court had also earlier ruled that the defendants had a case to answer, and that the defendants should enter their defense.
The anti-graft agency filed the charge in December 2019, with Ishiekwene and Abdul as co-defendants in a 26-count conspiracy, forgery, and stealing charge. They were arraigned on January 29, 2020.
It alleged that they conspired with Adeyinka Adewole and Morakinyo Bolanle, at large, to obtain N350 million, and N1 billion from Wema Bank under false pretences.
Ishiekwene, and Olalekan Abdul, former managing director of Cleanserve, pleaded not guilty and were granted bail.
The matter resumed yesterday for the ruling on the Notice of Preliminary Objection filed by the prosecution concerning the Notice of Discontinuance filed by the Lagos State AG. Wherein the AG of Lagos State relied on Section 211 of the Constitution for discontinuing both State and Federal Offenses before the court.
Franklin Ofoma appeared with A. A. Usman for the prosecution, Jonathan Ogunsanya for the AG of Lagos State, Adeyinka Olumide-Fusika (SAN) appeared with O. Oyewole, U. Adindu and S. Olawode for the 1st Defendant while A. Abdulrasaq represented the 2nd Defendant.
The Second Defendant’s Counsel informed the court that the learned Silk, Dr. Muiz Banire was ill and on his way.
Reading her ruling, Justice Dada discharged the 1st and 2nd defendants on all 20 out of the 26 counts brought against them under the laws of Lagos State, relying on sections 211 of the 1999 constitution.
Nevertheless, the Judge also ruled that the defendants should continue their defense in the remaining six-count charge brought against them under the Advance Fee Fraud Act and EFCC Act.
Mr. Olumide-Fusika SAN asked that the case be stood down for 30 minutes. Afterwards, he made an oral application for his client to be acquitted, but the judge declined.
A mild drama ensued in the process, leading to the Judge cautioning Mr. Olumide Fusika SAN of being “rude” to the Honorable Court as the SAN charged towards the Court and was shouting on top of his voices while pointing his fingers to the Judge and insisting that the Judge must hear his application and must rule on it.
Olumide-Fusika: “At least it will be on record that I made the applications.
Judge:” I’ll consider it in the final judgement.”
Olumide-Fusika: “No I’m making the application now.”
Judge: “Ehn let it be there.”
Olumide-Fusika: “I’m making the application now. Now! My lord.”
Judge: “Please don’t shout. No shouting.”
Olumide-Fusika: “I’m not shouting. I’m making the application now.”
Judge: “And watch your language please.”
Olumide-Fusika: “I’m making the application now. I’m making the application now. The prosecutor made an application when Your Lordship read the ruling. This – ”
Judge: “What application did he make?”
Olumide-Fusika: “He made an application. He pointed your lordship’s attention to the fact that your lordship made an order discharging and asking the second defendant to go.”
Judge: “Discharging them – ”
Olumide-Fusika: “Your lordship said so.”
Judge: “- on 20 counts.
Olumide-Fusika: I said I’m making my own application now. I’m making it now. Your lordship can decide…
Judge: “Mr. Olumide-Fusika.”
Olumide-Fusika: “Yes, my lord.
Judge: “Watch your language please.”
Olumide-Fusika: “What language am I watching?”
Judge: “I do not appreciate your language.”
Olumide-Fusika: “What language am I watching? I’m not watching any language. I’m only making an application as a lawyer.”
Judge: “As a lawyer but you don’t need to be a lousy lawyer. You don’t need to be lousy.”
Olumide-Fusika: “Lousy how?”
Judge: “You’re being rude to the court.”
Olumide-Fusika: “How my lord? That I am making an application under the rules?”
An anonymous member of the Bar to Olumide-Fusika SAN: “You’re shouting.” Sir
Olumide-Fusika: “How am I shouting? I am making an application under the rules of this court –“
Judge: “And I’ve said I’ve heard you and my ruling remains what it is.”
Olumide-Fusika: “I am making an application before this court. It is my duty to make an application.”
Judge: “If you’re not ready –“
Olumide-Fusika: “It is my duty to make an application.”
Judge: “ – I’ll give you another date so you can come and do your shouting game.”
Olumide-Fusika: “I’m not shouting. I’m making an application and I would want it to be taken down that your lordship should acquit… your lordship didn’t hear the application.”
Judge: “I heard it.”
Olumide-Fusika: “Okay, on what counts am I asking?”
Judge: “On the 20 counts obviously.”
Olumide-Fusika: “There are no 20 counts.”
Judge:” The 20 counts listed earlier on.”
Olumide-Fusika: “There are no 20 counts. My application is for the acquittal, which can be refused, but I have the right to make the application and I don’t see what is rude in that.”
Judge: “I’m relying on my ruling. I have refused you.”
Olumide-Fusika: Your lordship cannot rely on the ruling when it is me making the application, but not rely on it when it is the prosecution making the application. Your lordship changed a lot of things in that ruling when it was pointed out to your lordship that your lordship had made an error. And I am telling your lordship that your lordship has made an error.”
Judge: “What did I change? I have told you to watch your language. What did I change?”
Olumide-Fusika: “It is on the record.”
Judge: “I said they were discharged on the 20 counts.”
Judge: “I have recorded you and I said I will rely on my ruling.”
