Justice Ibrahim Buba of a Federal High Court in Lagos, on Monday fixed Dec. 14 for trial of former NIMASA boss, Patrick Akpobolokemi and five others, charged with N2.6 billion theft.
The judge also warned lawyers involved in the trial not to stall the case by seeking unnecessary adjournments.
Justice Buba said the “days of luxury” for the judge, lawyers and defendants during trials were over.
“You cannot delay this trial. You can take it to another court, but you cannot stall the trial in this court. If anybody is not comfortable, let me return the case file to the Chief Judge,” he said.
Akpobolokemi is standing trial alongside Ezekiel Agaba, Ekene Nwakuche, Amaechi Juan and two companies; Blockz and Stonez Ltd., and Al-Kenzo Logistic Ltd., on a 22-count charge bordering on conversion and theft.
The Economic and Financial Crimes Commission (EFCC) dragged the accused persons to court.
The accused were first arraigned before Justice Saliu Saidu on Dec. 3, on a 30-count charge, bordering on conversion and stealing.
They were, subsequently, arraigned before Justice Ibrahim Buba on Dec. 4 on fresh 22 count charges, also bordering on conversion and theft.
They all pleaded not guilty to the charges and were each granted bail in the sum of N50 million with two sureties in like sum.
When the case came up on Monday; the counsel to the first accused, Mr Joseph Nwobike (SAN), prayed the court for a short adjournment to enable him regularise and prepare for trial.
Following his application, Justice Buba adjourned the case to Dec. 14 for commencement of trial.
In the charge jointly signed by Mr Festus Keyamo and Mr Rotimi Iseoluwa, the accused were said to have committed the alleged offences between December 2013 and March 2014.
The prosecution alleged that in February 2014 in Lagos, the accused persons conspired to convert about N437 million belonging to NIMASA.
They were also accused of converting about N66 million to their private use on Jan. 9, 2014, and between April and August, 2014, they converted N21 million and N53 million, respectively, to their use.
The offences, the prosecution said, contravened Sections, 15 (1), 15 (3) and 18 (a) of the Money Laundering (Prohibition) Act, 2012.
Counsel for the third defendant, Lanre Olayinka, was absent in court.
He wrote the court, saying he traveled abroad for an urgent medical treatment.
“My learned friend did not provide sufficient explanation. There is nothing stating the whereabouts of other lawyers in his chambers.
“When the case was adjourned last Friday, he never mentioned that he planned to travel or that he booked a ticket.
“This is a clear manifestation of the defendant’s determination not to allow this matter to go on,” he said.
Oyedepo urged the court not to grant an adjournment, saying he was ready to go on with the case having brought two of his witnesses.
However, Akpobolokemi’s lawyer, Dr. Joseph Nwobike (SAN), said he needed more time to discuss with his client.
“The point is that it will be difficult to represent the first defendant when I have not conferred with him,” he said.
But Justice Buba said: “Whether the defendants are able to perfect their bail terms or not, it should not affect the trial of this case, because even if an accused is not granted bail, he can still prepare his case.
“It is fair enough that this court, conscious of the day to day trial, granted bail to all the accused without any formality. Notwithstanding the non-perfection of the bail condition, this court would have gone on with the trial.
“The only snag is that third accused is not represented. Olayinka’s letter, to this court, is of no moment because he was in court with Mr. Shamsudeen Abubakar last Friday when this matter was adjourned till Monday.
“This court must warn that any counsel who takes up a defence of an accused must come to terms with the Administration of Criminal Justice Act, which has limited the number of adjournments to not more than five times.”