Akeem Nafiu
The Economic and Financial Crimes Commission (EFCC) has opposed the reassignment of the $2 million alleged money laundering case against Uyiekpen Giwa-Osagie, a lawyer to former Vice-President Atiku Abubakar, to a new judge.
Uyiekpen and his brother, Erhunse, were first arraigned by the anti-graft agency on a three-count charge bordering on the alleged offence before Justice Nicholas Oweibo of a Federal High Court in Lagos last year August, during the court’s long vacation.
However, they were later re-arraigned before Justice Chuka Obiozor on the expiration of the court’s vacation. They, however, pleaded not guilty to the charge and were admitted to bail.
Trial was about to start when their lawyers, Ahmed Raji (SAN) and Norrison Quakers (SAN) filed a motion seeking the consolidation of the charge with that of one Abdullahi Babalele.
Babalele, who is a son-in-law to Atiku, is also currently being tried by the EFCC for alleged laundering of $140,000 before Justice Chukwujekwu Aneke.
The lawyers also told the judge that a letter had been written to the Court’s Administrative Judge for the consolidation of the two charges.
The request for the consolidation of the two cases was later granted by the Admin Judge and the case involving the Giwa-Osagies was reassigned to Justice Aneke. However, this development did not go down well with the EFCC.
Arguing the anti-graft agency’s opposition yesterday, one of its lawyers, Rotimi Oyedepo, told Justice Aneke that EFCC had already drawn the attention of the Chief Judge of the Federal High Court, Justice John Tsoho, to the matter.
He argued that the two cases are not similar and consolidating them will be setting a dangerous precedeNT
“We are protesting the consolidation and we have already written a letter to Honourable Chief Judge for reassignment of the case to the former judge. There is nothing connecting the cases and it is going to be dangerous if we allow this.
“During the vacation, two cases were assigned to Justice Obiozor, this one and that of Prof. Maurice Iwu, but they were transferred.
“The charges have no nexus, the transfer is not in the interest of justice, no panel was constituted and I wasn’t invited to any panel. I urge the court to return the case file to the CJ for reassignment to the former judge,” Oyedepo said.
Responding, defendants’ lawyer, Quakers, faulted Oyedepo’s submissions, saying nothing was presented before the court by the EFCC to challenge the consolidation.
The silk urged the court to discountenance the prosecutor’s submissions for being offensive and out of tune
He said: “I find the submissions of the prosecutor a bit offensive and out of tune. The court will recall that the matter was transferred based on the rule of court and by the Administrative Judge, whom in his wisdom transferred the matter based on the connection in the prove of evidence served on us.
“Having consolidated the two charges, all the counsels have to come before this court.”
Ruling on the contentious issue has been fixed for tomorrow.
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