The Federal High Court in Abuja, on Wednesday, ordered the Economic and Financial Crimes Commission (EFCC) to produce the Bauchi State Commissioner of Finance, Yakubu Adamu, in court on December 30 for his arraignment over alleged ₦4.6 billion money laundering.
Justice Emeka Nwite issued the order after the EFCC failed to produce Adamu in court to take his plea, despite the matter being slated for arraignment. The judge warned that sanctions would be imposed on the prosecuting counsel if the defendant is not produced on the next adjourned date.
Adamu, alongside a firm, Ayab Agro Products and Freight Company Ltd, was initially listed for arraignment on Tuesday. However, proceedings could not hold due to the absence of both the prosecution counsel and the defendants, although the defence team, led by Chief Gordy Uche, SAN, was present in court. The matter was subsequently adjourned to Wednesday for the defendants to take their plea.
When the case was called on Wednesday, Adamu was again absent.
EFCC counsel, Samuel Chime, apologised to the court for his inability to appear the previous day and explained that although the case was scheduled for arraignment, the prosecution was facing some challenges.
He told the court that the EFCC intended to amend the charge to include additional defendants who were currently at large.
“My lord will notice that the defendant is not in court because we intend to amend our charge and bring in other defendants who are at large,” Chime said.
According to him, the two suspects listed as “at large” had written to the commission indicating their readiness to honour the EFCC’s invitation, necessitating an amendment of the charge.
Chime further applied for an extension of the remand order, which he said was nearing expiration, to enable the prosecution bring all defendants for a joint arraignment on December 30.
However, Chief Uche vehemently opposed the application, arguing that it was not made in good faith.
He contended that the prosecution could amend the charge at any time before judgment and that there was already a valid charge before the court on which Adamu could take his plea.
“As of today, there is a charge before the court against the defendant, and he can take his plea. The prosecution can amend the charge at any time,” Uche said.
The senior lawyer added that since a charge had been filed, it presupposed that investigation had been concluded. He also noted that the defence had already filed a bail application, to which the prosecution had responded with a counter-affidavit.
Uche argued that when the EFCC responded to the bail application, it did not indicate that investigations were ongoing or that other suspects were being sought.
“The matter is ripe for arraignment and for the hearing of the bail application, my lord,” he said.
He urged the court to stand down the matter briefly to allow the EFCC produce Adamu for arraignment, stressing that the defendant’s continued detention had grave implications.
“My lord, the first defendant is the Commissioner of Finance of Bauchi State. Since his detention, more than 60,000 workers have not been paid their salaries.
“They may go on Christmas break without salaries. This matter goes beyond one individual; the entire state has been shut down,” Uche said.
He added that the Attorney-General of Bauchi State was present in court and could further address the issue if required.
In response, Chime insisted that the investigation had already been concluded and that the adjournment was sought only to ensure a uniform arraignment of all defendants.
