N1.35bn Fraud Trial: Absence of Lamido’s lead lawyer stalls trial again

The trial of former Jigawa State Governor Sule Lamido and his two sons, Aminu and Mustapha Lamido, was again stalled on Tuesday at the Federal High Court in Abuja following the absence of their lead lawyer. It was the second time within 24 hours that hearing in the trial would be rescheduled over the defence lawyer’s absence. The judge, Ijeoma Ojukwu, on Monday reluctantly adjourned hearing till Tuesday(today) in the belief that the defence would be prepared to proceed after the 24 hours the adjournment the postponement … Mr Lamido and his sons, Aminu and Mustapha, are standing trial on 37 money laundering charges involving N1.35 billion in alleged proceeds of kickbacks and fictitious contract awards. The Economic and Financial Crimes Commission (EFCC) accused the defendants of committing the offences between 2007 and 2015, when Mr Lamido was governor of Jigawa State. Similar to Monday’s development, a member of the defence team, Oladimeji Ekengba, told the court on Tuesday that their lead lawyer Joe Agi, who is a Senior Advocate of Nigeria (SAN) ,was in Germany for a meeting with a witness. Mr Ekengba stated that he had filed an affidavit explaining the absence of Mr Agi and assured the court that the defence would conclude its case within three days if given a date in September. “My Lord, the lead counsel has travelled to Germany to have a meeting with the witness and has taken the documents with him,” he explained. The prosecution lawyer, Chile Okoroma, a Senior Advocate of Nigeria, noted that the EFCC had been served with the affidavit in court. He said he would ordinarily have responded to the application but was prepared to concede the adjournment after Mr Ekengba assured the court that the defence would conclude its case within two to three days in September. “He also explained to me that the file of the case is with the lead counsel. My Lord, based on the undertaking before this court, I will concede the adjournment,” Mr Okoroma stated. Ms Ojukwu subsequently adjourned the case to a date in September, to be communicated to the parties, for continuation of trial. The prosecution lawyer’s response to the defence team’s request for an adjournment sharply contrasted with his reaction to a similar request barely 24 hours earlier. At Monday’s proceedings, Mr Okoroma wished the defence lawyer a speedy recovery but argued that another member of Mr Agi’s legal team ought to have appeared so the trial could continue, according to the EFCC statement. “Another counsel in his team ought to have appeared for him so that the trial can continue, especially as the matter has lingered in court since 2015,” Mr Okoroma was quoted as saying. The prosecution lawyer also expressed concerns that the judge travelled from her judicial division in Calabar, Cross River State, to preside over the matter at the Federal High Court in Abuja. Hence, Mr Okoroma urged the court to grant only a one-day adjournment. Agreeing with him, Judge Ojukwu granted adjourned the case until Tuesday (today). A decade-long trial The EFCC filed the charges in 2015 against Mr Lamido, his two sons, Aminu Abubakar and two companies, Bamaina Holdings Limited and Speeds International Limited. The commission alleged that the defendants diverted about N1.35 billion from Jigawa State through money laundering, kickbacks and fictitious contract awards during Mr Lamido’s tenure as governor. The defendants pleaded not guilty. After the EFCC called 17 witnesses and closed its case, the defendants filed a no-case submission, arguing that the prosecution had failed to establish a case requiring them to enter a defence. Ms Ojukwu dismissed the application in November 2022 and ordered the defendants to open their defence. The defendants appealed, and the Court of Appeal later set aside the ruling and discharged them. The appellate court held that the trial court in Abuja lacked territorial jurisdiction to hear the case because the alleged offences were committed in Jigawa State. The Supreme Court overturned that decision in January, restored Ms Ojukwu’s ruling and directed the defendants to return to the Federal High Court to continue their defence. The case was subsequently reassigned to another judge Peter Lifu for re-arraignment. However, the process did not proceed after the prosecution argued that the matter should return to Ms Ojukwu, who had heard all the prosecution witnesses and was familiar with the evidence already presented. The case was eventually returned to Ms Ojukwu, and the defence opened its case in June. READ ALSO: Court postpones final arguments in 11-year-old fraud trial of ex-Gov. Suswam till September At the last hearing on 2 June, the court considered documents obtained through a subpoena issued to the EFCC Chairman. An investigator called by the commission admitted under cross-examination that he was not part of the team that investigated the case. The defence argued that the witness therefore lacked personal knowledge of the investigation, while the prosecution maintained that it had complied with the subpoena by producing the requested documents. Ms Ojukwu admitted the documents in evidence and directed that the trial should continue.