Death occasioned by the ravaging Lassa fever which struck in Kano on Sunday and killed Farouk Lawan sole witness brother, allegedly prevented him from opening his defence in the bribery case instituted against him since 2012.
Lawan, a former legislator and ex-Chairman of the House of Representatives Ad-hoc Committee on an investigation into fuel subsidy regime in 2012, gave this reason on Tuesday during his appearance at the High Court of the Federal Capital Territory in Abuja
The ex-Legislator is being prosecuted for allegedly accepting $500,000 as bribe for the removal of billionaire businessman, Mr. Femi Otedola’s company’s name, Zenon Petroleum and Gas Ltd, from the list of firms indicted by the House committee for alleged fraud in the subsidy scheme.
In her ruling delivered on October 17, 2019, Justice Angela Otaluka, had dismissed the no-case submission which Lawan filed after the prosecution closed its case with five witnesses, including Otedola.
In her ruling, the Judge held that contrary to Lawan’s contention in his no-case submission, the prosecution made out a prima facie case against him which he had to defend.
Consequently, the court had directed him to open his defence on November 11, 2019.
But owing to unconfirmed reasons, the trial was further adjourned till Yesterday.
At the resumed trial, Lawan’s counsel, Benson Igbanoi, said despite being ready for the trial, they were unable to proceed to open the defendant’s case, saying that Lawan “sole witness” who was meant to testify at the hearing could not attend proceedings because he was bereaved.
Igbanoi who stood in for Lawan’s lead counsel, Chief Mike Ozekhome SAN, told the court that they received the news of the loss of the witness’ brother to Lassa fever on Sunday.
He said, “We are very much ready to open our defence today.
“However, late Sunday night, we received news that the sole witness of the defendant lost a brother to the dreaded Lassa fever that hit Kano city.
“My lord in the circumstance, regrettably, we are unable to go on to open our defence today.
“We are therefore constrained to plead with my noble lord to grant us a short adjournment because our sole witness is so devastated.”
He said his team had written a letter to the court and a copy of which was served on the prosecution stating the defence team’s “predicament” and suggesting an adjournment of the case till February 11.
Meanwhile, the lead prosecuting counsel, Chief Adegboyega Awomolo, SAN, confirmed that he received the letter dated January 27, 2020 (Monday) from Ozekhome’s law firm.
He said he had to “reluctantly concede to another adjournment” since the reason adduced for it involved the loss of a human being.
He nonetheless urged the court to direct the defendant “to keep to February 11 so that he does not come that day and say he is asking for another adjournment of the case.”
The defence’s request was thereafter granted by the Judge and adjournment was fixed for February 11.
