Justice Mojisola Dada of the Lagos State Special Offences Court, Ikeja has refused to grant an application made by the state’s Attorney General (AG) and Commissioner of Justice, Lawal Pedro, SAN, to completely halt the trial of Azubuike Ishekwene and Olalekan Abdul, being prosecuted by the Economic and Financial Crimes Commission (EFCC) for alleged fraud to the tune of N1.35b fraud.
It would be recalled that Justice Dada had discharged the duo of the 20 counts filed against them by the state, but ordered the continuation of their trial on five related counts simultaneously filed against them by the EFCC.
But a mild drama ensued in the process, leading to Justice Dada, accusing counsel for the defence of disrespecting the court and the lawyer maintaining his innocence.
Consequently, the case was adjourned until October 31, 2024, for the continuation of the trial.
The AG had initiated an application for discontinuance after an earlier move to take over its prosecution failed.
Justice Dada had also ruled that the defendants had a case to answer and that the prosecutor could prosecute the defendants.
The EFCC initiated the charge in December 2019, with Ishekwene and Abdul as co-defendants in a 26-counts bordering on conspiracy, forgery, and stealing, and were arraigned on January 29, 2020.
The commission had alleged that the duo conspired with Adeyinka Adewole and Morakinyo Bolanle (now at large) to obtain N350 million, and N1 billion from a financial institution under false pretence.
Ishiekwene, and Abdul, former Managing Director (MD) of Cleanserve, pleaded not guilty and were granted bail.
The case resumed on Tuesday for the ruling on the Notice of Preliminary Objection filed by the prosecution concerning the Notice of Discontinuance filed by the AG.
It relied on Section 211 of the constitution for discontinuing both state and federal offences before the court.
In his argument before Justice Dada, counsel for the second defendant, A. Abdulrasaq stated that his principal, Dr Muiz Banire, SAN, was ill and on his way.
In 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.
However, the trial judge ruled that the defendants should continue their defence in the remaining six-count charge brought against them under the Advance Fee Fraud Act and EFCC Act.
But counsel for the 1st defendant, Adeyinka Olumide-Fusika, SAN, asked that the case be stood down for 30 minutes.
Afterwards, he attempted to make an oral application for his client to be acquitted, but the judge declined.
A mild drama, however, ensued when Justice Dada accused Olumide-Fusika, SAN, of being “lousy” and “rude”.
But the SAN denied the allegation and maintained his stand.