A Federal High Court in Abuja declined on Wednesday the applying for the issuance of bench warrant in opposition to former aviation Minister, Femi Fani-Kayode, being tried for alleged cash laundering related offences.
At the point out of the case on Wednesday, lawyer to the prosecution, Mohammed Abubakar, famous that Fani-Kayode was absent.
Abubakar recalled that Fani-Kayode had been absent in courtroom on two different days and argued that the defendant was scheming to evade trial.
He then utilized to the courtroom to revoke the bail granted the defendant, concern bench warrant for his arrest and order the issuance of summons on his surety to indicate trigger why he (the surety) mustn’t forfeit the bail bond he endorsed.
Defence lawyer, Wale Balogun, objected to the request made by the prosecution and argued that his shopper was absent in courtroom due to ill-health.
Balogun, who later tendered a medical report from Kubwa General Hospital, Abuja, during which he mentioned the defendant was suggested to have mattress relaxation till December 4, 2020, added that his shopper’s absence was equally on account of a misrepresentation by his lawyer, who thought the case was mounted for Thursday.
Ruling, Justice John Tsoho held that the courtroom was glad with the defence lawyer’s explanations as to why the defendant was absent.
Justice Tsoho famous that the courtroom had held that Fani-Kayode’s absence on two earlier events on January 22 and October 23 this yr was justified.
The choose mentioned with the medical report, signed by one Dr. Michael O., the courtroom discovered no purpose to grant the applying made by the prosecution.
Justice Tsoho nonetheless faulted Balogun’s argument, the applying made by Abubakar under Sections 179 and 184 of the Administration of Criminal Justice Act (ACJA), ought to not be made orally.
He additionally faulted the defence lawyer’s suggestion that the defendant was absent in courtroom as a result of he was misled by his lawyer.
The choose agreed with Abubakar that in a legal case, it’s the private duty of a defendant, who’s on bail, to know the adjourned date within the case involving him/her.
He adjourned until February 23 and 24 subsequent yr for the continuation of trial.
Fani-Kayode is being tried by the Economic and Financial Crimes Commission (EFCC) on a five-count cost during which he’s accused of diverting N26m allegedly acquired from the ONSA whereas Col. Sambo Dasuki (rtd) was in workplace.
Fani-Kayode can also be accused of dealing with the mentioned N26m with out going by monetary establishment as required under the Money Laundering Act.