The trial of the Director-General of National Broadcasting Commission
(NBC), Ishaq Kawu Modibbo, Pinnacle Communications Ltd and two others was on Monday stalled at the Federal High Court Abuja, due to the failure of the prosecution counsel, Mr. Henry Emore, to file the bail bond verification of the defendants.
Other defendants are Sir Lucky Omoluwa, Chairman of Pinnacle Communications Ltd, and Dipo Onifade.
At the resumed sitting, meant for the delivery of a ruling on application by
the defendants for the release of their international passports, it was
discovered that the prosecution had not filed the bail bond verification
process before the court.
Consequently, Justice Folashade Ogunbanjo Giwa stood the matter down for over an hour to enable the prosecution file the bail bond verification process.
At the resumed trial, the prosecution lawyer tendered an apology over the
development and prayed the court to make an oral undertaking to file the
necessary papers with the week.
Justice Ogunbanjo-Giwa who castigated the prosecution said: You (the
prosecution) are in default of the court order and therefore you
cannot be heard. He alleged further: “You were given five clear days
within which to verify the bail bond of these defendants, but you failed,”
In his ruling on the defendants application for the release of their
international passport, he said: “Ruling on the defendants application
for the release of their international passports cannot be delivered.
“Until you file the required process before the court properly, the suit is
adjourned to Thursday, July 4, 2019, for ruling and continuation of trial.
Earlier, the defendants took a fresh plea following the court’s granting of
an application by the prosecution to amend the charges against the
defendants due to some typographical errors.
They were granted bail based on the subsisting conditions.
It would be recalled that the immediate past Minister of Information,
Alhaji Lai Mohammed, had at the last adjourned date, June 26, failed to
appear before the court.
The former Information Minister was among the persons listed by the
prosecution counsel, Henry Emore in ICPC’s list of additional witnesses and
was expected to be in court to give testimony being the Minister who
approved the payment of N2.5bn to Pinnacle.
However, after calling two witnesses, the prosecution counsel informed the
court that he was to call the former Information Minister but for his
absence.
Umore said Mr. Mohammed had travelled out of the country but is being
expected back into the country on or before July 31.
In addition, the court was told that Mohammed had finally made statement
before ICPC, as a former Minister.
The prosecution also informed the court that the other witness he wished to
call, was still in Saudi Arabia.
However, Alex Izinyon SAN, counsel to Onifade Oladipupo (2nd defendant) and Sir Lucky Omoluwa (3rd defendant) told the court that he had already filed an application to oppose the list of additional witness filed by the
prosecution counsel.
Izinyon said the defence team had already joined issues with the
prosecution on the failure of ICPC to call the Information Minister who
approved the payment of N2.5bn to Pinnacle as well as join him as a
defendant in the case.
Meanwhile, at the Monday’s proceedings, the former Information
Minister was not in court.
The suit has since been adjourned till Thursday, July 4,2019 for ruling
and trial.
