27th February, 2017
An FCT High Court, Maitama, on Monday reserved ruling on preliminary objection filed by Mr Chidi Duru, a former member, House of Representatives, facing fraud charges.
The judge, Justice Peter Affen, reserved the ruling after listening to submissions of counsel in the matter.
The judge said that the date would be communicated to parties.
Duru is standing trial on a four-count charge bothering on falsification of document and diversion of funds to the tune of N16.1million
The prosecuting counsel, Sylvanus Tahir, told the court that Duru being the Vice Chairman of First Guarantee Pension Ltd, was entrusted with N16.1 million which was the equity contribution.
He said that the defendant converted the money to his own use.
At the resumed hearing, counsel to Duru, Mr Abdul Mohammed, told the court that 32-paragraph notice of preliminary objection was filed on Feb. 2.
He told the court that there was a suit pending before Justice Gabriel Kolawole, restraining the Economic and Financial Crimes Commission (EFCC), from proceeding with investigations pending the outcome of the matter.
Mohammed said that it would amount to abuse of court processes if the case should go on.
He said that in August 2011, the Pension Commission (Pencom) set up a committee that came up with a `target examination report which were contained partly in the new charge.’
He said that his motion was also predicated on the order of a Lagos court, adding that the EFCC cannot institute another suit without setting it aside.
Mohammed urged the court to grant his application.
The prosecuting counsel, Mr Sylvanus Tahir, however, opposed the motion, adding that he has filed a 23-paragraph counter affidavit on Feb. 27.
Tahir urged the court not to grant the application.