N5.6b Pension Scam: Stormy Court Session In Oyo
Gbenro Adesina/Ibadan
It was a stormy session Friday at the Oyo State High Court when Mr. Gbolahan Latona, lead counsel to the Economic and Financial Crimes Commission, EFCC, thwarted fresh attempt to stall the trial of 12 suspects in a N5.6 billion pension scam in the state.
Mr. Latona refused to accept processes from the Court of Appeal that would have triggered an argument on whether the court would start the prosecution or not.
Mr. Richard Ogunwole (SAN) representing Alhaja Kudirat Adeleke, a former Head of Service and one of the accused persons, had served the court with an application for stay of prosecution filed at the Appeal Court, but could not serve the EFCC counsel who refused to accept the service in the court room, insisting that the process be served on the address on it.
Ogunwole had to formally raise the matter before the presiding Judge, Mistura Bolaji-Yusuf, praying the court to prevail on the EFCC counsel to accept the process on behalf of the commission.
Ogunwole said: “I want to report this matter to your Lordship and I like you to tell Mr. Latona that he has to stop it. That is not the practice. We wanted to serve him a process this morning, but he refused to accept it. I personally went to him to appeal to him, he also refused. I have paid for the service and the bailiff was here to serve, but he rejected the papers. I like to address the court on the ground that I have served the court.”
Mr. Ogunwole, who sought for a place within the jurisdiction of the court through which they would serve the EFCC their processes, said taking every document to EFCC’s Lagos office is expensive.
Replying, Latona dismissed the argument of the senior lawyer that it is expensive for processes to be served in proper ways, raising concern over what he described as “practice of ambush in legal profession”.
Latona said: “There is procedure and that was what I told the learned silk. This matter is not between Mr. Latona and the accused persons. It is the Federal Republic of Nigeria versus the defendants. We have been extending hands of friendship that is why we have been accepting the ones served us here. I am there today; another person will be there tomorrow. I believe we should follow the laid down procedure.”
Commenting further on the extra cost incurred in serving court papers to the commission outside Ibadan, the EFCC lawyer said this was not restricted to the defendants’ lawyers, saying, “We also come from Abuja or Lagos for this case. Every time we want to do anything here in respect of this matter, we have to come to Ibadan. We also incur cost in doing all these.”
Stopping the arguments between the counsel, the presiding judge urged the counsel to cooperate with each other on the matter, pointing out that the judge lacks the jurisdiction to force a mode of service on any sides.
The judge adjourned the matter till 21 March.
Mrs. Adeleke and 11 others were arraigned by EFCC on Thursday, 7 November, 2013 on a 213-count charge bordering on conspiracy, obtaining money through false pretence and forgery.
Other accused persons are Muili Hakeem Aderemi, Iyabo Giwa, Adesina Jimoh Ayoade, Oguntayo Banji, Adebiyi Musediq Olasunmbo, Muili Adedamola, Adeduntan Johnson, Johnson Bosede, Kareem Rasheed, Olujimi Adebayo and Adewale Kehinde.
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