*Imposes N309,000 fine on Abubakar Peters for waste of judicial time
*Says he’s facing criminal not civil matter
* EFCC boss in court for cross-examination
The ongoing trial of Abubakar Ali Peters and his company, Nadabo Energy Limited, over a 21-count charge of alleged forgery and subsidy fraud of N761.6million before Justice S.S. Ogunsanya of the Lagos High Court in Ikeja, Lagos, on Monday, suffered a setback as Abubakar was absent in court.
Justice Ogunsanya had at the last proceedings on September 22, adjourned the matter till November 1 and 2 for the defence to cross-examine the Executive Chairman of the Economic and Financial Crimes Commission, EFCC, Mr Abdulrasheed Bawa, after the conclusion of his examination-in-chief.
Theideal recalls that Bawa had told the court that investigations by the EFCC into petitions received from the Ministry of Petroleum Resources and some concerned Nigerians in 2015 alleging fraud in the subsidy regime uncovered forged documents allegedly used by Abubakar Peters to claim subsidy funds for 12,000MT of PMS “whereas only about 6,000 MT was imported by the defendant (Abubakar Peters)”.
But when the matter came up on Monday for the cross-examination of the EFCC boss, lawyer to Abubakar, E.O. Isiramen, informed the court that his client was absent on the grounds of contracting coronavirus.
He said, “He is ill with coronavirus, as he tested positive for the virus and he is presently at an isolation centre, where he is receiving treatment.”
But the judge rattled the lawyer when he asked him to give the court the specific isolation centre, where his client was receiving treatment.
Justice Ogunsanya then said, “There are several isolation centres; and moreover, there is no medical report before the court.”
Responding, Isiramen said: “I don’t know precisely where he is; the report was sent via email.”
Expressing surprise, Justice Ogunsanya told the lawyer that the court was a “court of records not of speculations”.
In his response, the prosecuting EFCC lawyer, S.K. Atteh, told the court that the same reason was given for the absence of the defendant at another fraud case against him before Justice C.A. Balogun of a Lagos High Court sitting in Ikeja.
Atteh said,”Over a month ago, the defence gave the same reason for the absence of the defendant and the court ordered the defence to serve the prosecution with the copy of the medical report. But up till now, we have not been served.
Accordingly, the judge expressed displeasure that the defence was “wasting judicial time”.
Justice Ogunsanya said, “The court is very displeased with you. Why not inform the court before now. You are responsible to bring him to court, and this is the only matter listed. This is not a civil matter, but a criminal matter.
“The court would have revoked the bail. But for the illness, no bench warrant for now.”
In the circumstance, Atteh urged the court to “impose penalty” on the defence and to order the defence to produce the medical report backing the claim.
Adjourning the matter till December 16 and 17, Justice Ogunsanya gave the defence seven days to furnish the prosecution and the court with the medical report and to pay N309,000.00 fine within seven days to defray the costs incurred by the two witnesses, whom the prosecution had brought to court from Abuja for the matter.
