I ‘ll close case against NBC Boss, others, trial Judge threatens ICPC

A federal high court judge in Abuja Justice Folashade Ogunbanjo-Giwa,
has threatened to close the case of the Independent Corrupt Practices
and other related offences Commission (ICPC) against the Director
General of National Broadcasting Commission, Ishaq Modibbo and three
others for lack of diligent prosecution.

The threat was sequel to an oral application made by Alex Izinyon SAN,
counsel to the 2nd and 3rd defendants (Dipo Onifade and Lucky Omoluwa)
and supported by counsel representing the 1st and 4th defendants.

The defence counsel had expressed dissatisfaction over the way and
manner the prosecution counsel was conducting the trial in piece meal.

At the last adjourned date, May 27 to be precise, the ICPC lawyer
Henry Emoreh, had called only two witnesses, and assured Justice Giwa
that he would bring all his remaining witnesses to court on June 3.
Based, on Emoreh’s assurance, the court directed him to bring all his
witnesses to court on Monday June 3, instead of bringing them one per
sitting.

But at the resumed proceeding on Monday, after calling the 6th
witness, the prosecution counsel told the court that he could not
continue the trial due to absence of two other witnesses.

The ICPC witness lawyer told the court that one of his witnesses
travelled to Saudi Arabia for lesser Hajj, while the other was
bereaved.

Displeased by the prosecution counsel’s call for an adjournment, Alex
Izinyon SAN, counsel to the 2nd and 3rd defendants (Dipo Onifade and
Lucky Omoluwa), made an oral application asking the court to close the
case of the prosecution.

“We have tolerated the prosecution, if the prosecution is not prepared
to proceed with this trial, my Lord, please close their case. They
should put their house in order and wasting time of the court.

“Today, they just served on the defence, additional proof of evidence in court.
“The court fixed today for this trial but after calling one witness,
the prosecution counsel is requesting an adjournment and thereby
wasting the court’s precious time” Izinyon said.

Counsel to the 4th defendant (Pinnacle Communications Ltd) Amah
Etuwewe, alligned himself with Izinyon’s application.

“We left out everything today just to come to court to do this case,
only for the prosecution counsel to call one witness and moved for an
adjournment, Etuwewe said.
Similarly, counsel to the 1st defendant (Modibbo) asked the court to
close the case of the prosecution.

Addressing the prosecution counsel, the Judge stated, ” “You heard the
applications and complaints of the defence counsel and I agree with
them.

“I think it is in your own interest put your house in order. I
adjourned this case for today for you to bring all your witnesses, so
that we can make progress.

“I could have fixed other cases today but the whole day is wasted. “I
will not close your case but you must bring all your witnesses in
court on the next adjourned date or I will close your case” the court
stated.

Justice Giwa specifically noted that the prosecution flouted the order
of the court directing him to bring all his witnesses in court on
Monday.

Consequently, the court ordered Emoreh to bring all his witnesses to
court on the next adjourned date of June 26.

Earlier, the Pw 6, Remigius Ugwu, a Complaint Officer with Zenith bank
had testified that Pinnacle Communication Ltd has an account with
them.

After a short testimony, the prosecution counsel tendered the PCL’s
bank opening package and  statement of account, which were later
admitted in evidence by the court.

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