The former Director-General of the Nigerian Stock Exchange (NSE), Prof Ndi Okereke-Onyuike has asked a Lagos High Court sitting in Igbosere to stay proceedings in the bid by the Lagos State government to try her for alleged N3.3billion theft.
Counsel to Prof Okereke-Onyuike , Mr Wole Olanipekun (SAN) faulted a provision in Section 273 of the state’s Administration of Criminal Justice Law (ACJL), 2011, which prohibits suspending proceedings in a criminal trial, saying it is a “legislative taboo”.
In an application before the court, he asked for a stay of proceedings on the matter until an appeal he filed at the Court of Appeal is determined.
Prof Okereke-Onyiuke is challenging a ruling by the trial judge, Justice Christopher Balogun, in which he assumed jurisdiction and said she should be brought to court for arraignment.
Mr Olanipekun said the Court of Appeal has fixed hearing on the appeal for November 12, and so continuing with the case at the High Court may foist a state of helplessness on the appellate court.
According to him, should the judge go on with the trial, it cannot suspend its judgment should it happen that the appeal had not been concluded.
“Your Lordship cannot continue any trial and postpone verdict when the Constitution has proposed a time-limit of 90 days within which you shall deliver judgment after final address.
Citing several laws that backed a stay of proceedings pending appeal, the Senior Advocate of Nigeria urged the judge to follow judicial precedence rather than abide by an “unprecedented provision”.
But counsel to Lagos State, the Solicitor-General, Mr Lawal Pedro (SAN) urged the court to dismiss the application, saying “once the jurisdiction is challenged, the only jurisdiction the court has is to enquire and determine whether it can entertain this application for stay of proceedings.”
“This is because this court no longer has power to stay proceedings in a criminal matter since this provision was enacted in 2011. The section is valid and binding on this court as well as on the parties.”
“All previous decisions of the Court of Appeal and the Supreme Court on the issue of stay of proceedings in criminal trial are inapplicable to the present application because they were all decided before the ACJL was enacted and so were never considered as far as Lagos State is concerned.
The Lagos state government had filed two separate charges, accusing Okereke-Onyuike, her deputy, Alhaji Lance Musa Elakama and six others of alleged N3, 301, 000, 000 billion theft.
The others are Creative Financial Services Limited, Mining System Limited, OPDC Properties Limited, OAK Business and Finance Company Limited, Uzoma Henry Onyekuru (m) and Kingdom Securities and Finance Company Limited.
The presiding Judge, Justice Balogun has adjourned till July 19 for a ruling on the stay of proceedings application.
