27th March, 2012
The Attorney General of the Federation and Minister of Justice, Mr Mohammed Adoke has transferred the prosecution of Fidelis and Noel Anosike, both Directors of Folio Communications Limited and owners of Daily Times Limited to the Lagos State Directorate of Public Prosecutions.
The brothers were dragged before Justice Habeeb Abiru of an Ikeja High Court, Lagos for allegedly stealing N1.7 billion belonging to Daily Times.
When the matter came up for hearing on Tuesday, Mr L.A. Sanusi of the DPP informed the court that Adoke had on 8 March 2012 transferred the file to them for prosecution.
Sanusi said the file was sent only a few weeks ago from the Federal Ministry of Justice transferring the matter to them.
He said: “In view of the volume of documents, I am asking for an adjournment to enable us study it and take the necessary steps”.
Counsel to the Anosikes, Mr Norrison Quakers, objected to the transfer, arguing that it was unconstitutional for the AGF to transfer the matter when there was already a pending application.
Quakers said:”The transfer has confirmed the argument in our application that the charge is incompetent and the authority to prosecute was not the right authority.
“It is unconstitutional for the Federal Ministry of Justice to transfer the matter to the Lagos State Ministry of Justice because it is against the criminal procedure rules”.
He therefore asked the judge to strike out the charge, adding that the DPP cannot take over the brief at this stage.
Abiru, however declined to strike out the matter and reminded him that Adoke had a valid fiat from the AG of Lagos State to prosecute the matter.
The judge therefore adjourned the matter till 30 April for hearing.