Justice Taiwo Taiwo of the Federal High Court Abuja, Wednesday, suspended further proceedings in the ongoing trial of the immediate past Head of Civil Service of the Federation, Winifred Oyo-Ita.
Oyo-Ita is standing trial bordering on 18-count corruption charge the Economic and Financial Crimes Commission, EFCC, levelled against her and eight others.
But at the resumed hearing, the trial Judge, Justice Taiwo, stayed further hearing on the matter, citing the fact that EFCC went before another court and obtained an exparte order that permitted it to freeze the bank accounts of the 4th, 5th and 6th Defendants in the case.
The conduct of the anti-graft agency according to Justice Taiwo was “gross abuse of the court process”.
He held that the Prosecution engaged in forum shopping, stressing that proceedings would not resume in the criminal case until the EFCC “do the needful”.
The Judge said: “It is on record that the Defendants, in this case, were formally arraigned on March 23, 2020, and they all pleaded not guilty.
“This court was informed and became aware of the freezing order on December 1, 2020, by counsel to the 4th, 5th and 6th Defendants.
“There is no doubt that this matter had commenced, charges read were reacted to and applications made were granted, before the Prosecutor went ahead to secure the freezing order.
“The learned Prosecutor went and filed a fresh application which was assigned to another court.
“Is this not an abuse of the court process?
“It is the law that once a court is seized of a matter, any application relating to that matter must be filed before the court.
“The application made ex-parte which was assigned to another court in October 2020, months after the Defendants, including the 4th, 5th and 6th Defendants had appeared in this court, was made in bad-faith.”
The action of the anti-graft agency he held further was a slap in the face of the court.
“For the Prosecution to have even bracingly referred to the actions of this court in his Originating Summons made ex parte, dated September 18 2020.
“I am not unaware of the plans of the EFCC to apply for seizing warrant during investigations and even where Defendants are formally before the court.
“If the prosecution feels so strongly about the need to secure an order freezing the accounts of any of the Defendants, they ought to have brought the application before this court and not before another court.
“What the prosecution wants by its Originating Summons ex parte can also be achieved in this court.
“There would not have been any problem if the ex parte application preceded the charge before this court.
“The courts have been enjoined to deal with situations of this nature where its process is abused.
“In the circumstance, I do not see how I can continue with the trial in this manner.
“The only thing I hereby do is to stay further proceedings in this matter until the Prosecutor does the needful.
“What he chooses to do in line with the law, is his choice.” Justice Taiwo held.
