The Federal High Court in Kano has adjourned the formal arraignment of a business mogul, Alhaji A.A. Zaura following a change of defence counsel.
The court was informed by Basil Hemba, who stood in for Ahmed Raji (SAN) that the learned silk who is now in charge of the defence team missed the flight to Kano.
Hembe said he took over the case only within a short notice, as he appealed for ample opportunity to study the new brief in the interest of justice. He requested orally for adjournment on the matter in tandem with the necessary provision of the law.
Dissatisfied with the request of the new defence counsel, EFCC lawyer, Aisha Habib objected the oral application for adjournment, as she argued the request was deliberately intended to needlessly prolong the case.
Although, the prosecution contended that EFCC has not objected to the change of defence counsel, she however argued that the defendant is allowed to take plea on arraignment with or without the presence of defence counsel, citing provisions of section 215 of the Constitution of the Federal Republic of Nigeria, 1999 as amended to buttress her point.
”Looking at the process and circumstances of the trial, the case has been prolonged owing to one excuse or the other of the defence counsel. I want to apply for a short stand out of the matter to enable new counsel to go through the processes after which the arraignment can commence,” EFCC lawyer argued.
Responding to the prosecution’s argument, Justice Mohammad Nasir Yunusa asked parties to prove whether or not the provisions of order 29 rule 1 of professional conduct for legal practice provides ample period of time for transition between old and new lawyers in a particular matter.
Justice Yunusa posited that the rule allows up to 30 days within which the new and old lawyers must resolve processes and serve notice of change in guard to the court and overruled the objection of EFCC. The court therefore adjourned the matter to 1st March, 2023, for his arraignment.
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