The Economic and Financial Crimes Commission, (EFCC) has approached the Federal High Court Abuja, with an application seeking to amend the criminal charge filed against a former Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Mr Andrew Yakubu.
Yakubu was arraigned before Justice Ahmed Mohammed on March 16, 2017 on a six-count charges of fraud.
Yakubu had admitted owning over $9.8 million cash found in a house that also belongs to him in Kaduna state.
Meanwhile, at the resumed trial on Wednesday, the prosecution counsel, Halima Shehu, informed the court of the application for amendment of the charges.
She said, “My Lord, the matter today is for continuation of trial, however, we have an amended charge dated March 8, and filed on March 10, 2021.
“The application is brought pursuant to Section 216(1) and (2) of the Administration of Criminal Justice Act, 2015.
“We humbly apply for the application to be granted for us to amend the charge,” the EFCC lawyer stated.
The prosecution counsel said she tried serving the amended charge on the defendant (Yakubu) through his counsel, A.A Usman, but he refused service.
Before now, the court of Appeal Abuja Division had on April 24, 2020, unanimously made an order guiding further proceedings in the criminal trial.
The appellate court had in its judgment on appeal by Yakubu, ordered the appellant to go back to the trial court and enter defence in respect of counts 3 and 4 of the charge.
Responding, Yakubu’s lawyer Usman admitted before the court that he refused service of the application to amend the charge.
“I do confirm that we refused service of what has been described as an amended charge this morning. We did so with reasons” Usman stated.
Usman posited that the April 24, 2020, judgment of the Court of Appeal Abuja, had provided guide on the trial.
“The case was remitted back to the trial court for the appellant (Yakubu) to enter defence in respect of counts 3 and 4 of the charge, and not counts 3 and 4 of an amended charge,” Yakubu’s lawyer argued.
After taking parties arguments in the matter, the trial judge, Ahmed Mohammed reserved ruling for April 15, and for continuation of trial.
