The Economic and Financial Crimes Commission, (EFCC), has accused the former governor of Gombe state, Danjuma Goje and four others standing trial on an 18 count charge of conspiracy and money laundering, of deliberately delaying their trial at the Federal High Court in the state.
The other four defendants are Aliyu El- Nafaty, Sambo Tumu, S.M. Dakoro and S.M. Dakoro Gombe (a company). They are alleged to have misappropriated the sum of N25billion from the state’s treasury and were first arraigned on Monday, October 17th, 2011.
At the resumed hearing of the case on Tuesday, before Justice Babatunde Quadri, the defence counsel, Adeniyi Akintola, SAN, opposed an attempt by prosecution counsel, Wahab Shittu, to proceed on trial by calling his witnesses for cross examination.
Adeniyi had urged the court to request Wahab Shittu to show to his clients and the court, an evidence of prosecutorial authority from the Attorney General of the Federation (AGF) and Minister of Justice before the commencement of trial.
He buttressed his position with references to related matters that have been settled at the High Courts, Court of Appeal and the Supreme Courts in this regard.
Citing the 1999 Constitution, Akintola said it is only the AGF that can prosecute a criminal case on behalf of the state or do so through the instrumentality of a fiat.
He noted that the absence of such a fiat implies an absence of authority to proceed with the trial and urged the court to dismiss the charge against the accused persons.
But in his response, Shittu urged the court to take judicial notice that the prosecution is ready to proceed with the trial by calling witnesses already in court. He argued that the objection was only raised in the court orally, without a pre-judicial notice and accused the defence of ploy to deliberately delay proceedings.
Shittu also wondered why the defence did not query his authority in earlier appearances; as according to him, “I see this as an attempt to stall the case, even for the third time.”
The presiding judge obliged the prosecuting counsel and adjourned to July 3, 4, 5, and 6, 2012, for definite hearing of prosecution witnesses and accelerated trial.
While the drama lasted in the courtroom, some students of Gombe State Students Association, drawn from some tertiary institutions in the state, thronged the Court, protesting against any delay or subversion of justice.
The students, who were not allowed into the court premises by security operatives, demanded for progress in the prosecution of Goje, claiming there were delays in the hearing of the case.