Justice James Omotosho of the Federal High Court in Abuja has threatened to send back the EFCC’s case file in the charge against Ali Bello, the Chief of Staff (CoS), to the Kogi government, to the Chief Judge, Justice John Tsoho, for reassignment.
Justice Omotosho made this known following a complaint by Bello’s counsel, Abubakar Aliyu, SAN, accusing the EFCC of publishing untrue accounts of what transpired in court on the last adjourned date on its website against his client.
The News Agency of Nigeria (NAN) reports that the anti-graft agency filed the charges in 2022, accusing Bello and Dauda Sulaiman of fraud involving alleged diversion of funds from the Kogi State Government coffers.
While Bello is the 1st defendant, Sulaiman is the 2nd defendant in the 10-count charge marked FHC/ABJ/CR/550/2022.
Aliyu had told the court that he had a complaint to make on his client’s behalf.
He said: “The prosecutor is subjecting my client (Bello) to mob justice by making publications” that were allegedly untrue.
The lawyer alleged that the publication on EFCC’s website was distributed to other social media.
“They (EFCC) said the 1st defendant made a payment of the house at Ikogosi Close in Maitama District, and after he discovered that the house was under investigation by EFCC, he returned the documents,” Aliyu said.
He said his client told him he did not buy the property, contrary to the allegation.
The lawyer, who gave the court a copy of the printout, also said that a copy had already been served on the commission’s counsel.
“What is your reaction, counsel,” Justice Omotosho asked EFCC’s lawyer, Abbas Muhammed.
After he had gone through the copy, Muhammed said he could not verify its authenticity.
“I have seen the publication. At this point, my lord, I cannot verify. I will have to verify with the media team,” he said.
The judge gave him the go-ahead to verify and report to the court on the next adjourned date.
“I want to say this on the reportage of this proceedings. I won’t take it if it continues this way.
“I will take all your files and send them back to the CJ for reassignment.
It is not only against the defendant but against the court,” the judge said.
Justice Omotosho said writing fictitious stories about court proceedings might make the public lose confidence in the court.
He said such action borders on the integrity of the court.
“Now that this report is online, and if I hold otherwise, how will society see it?
“You create a wrong impression in society.
“I can’t be put in the public for analysis on what happens in court.
“You have to go and report back. This is annoying,” the judge said.
Justice Omotosho acknowledged the presence of accredited journalists in court and emphasised the need for accurate reportage of what transpired in court.
He likened it to the Rivers case, in which some social media users attacked the court for its judgment, which ruled in favour of Martins Amaewhule-led lawmakers after Gov. Siminalayi Fubara voluntarily withdrew his counter affidavit in the suit.
“I have had so much from social media.
“The day the Rivers matter was heard, and the counsel applied to withdraw their application, I stood the matter down for one hour and 30 minutes to allow the council to consult before he finally withdrew their counter affidavit,” he said.
Justice Omotosho said there were different arguments on social media, as some said the judge did not consider Fubara’s application when arriving at the decision.
“Let us stop this because it affects the system’s integrity,” he said.
Earlier, the EFCC lawyer, Muhammed, informed the court that the matter was slated for continuation of trial and that their 11th witness was in court.
In evidence, Muhammed led Segun Adeleke, the 11th prosecution witness (PW-11) and the General Manager of EFAB Properties Ltd.
“My schedule includes recruitment, discipline, dismissal and more importantly, I head the team that concludes purchasing houses in the office,” he said.
Adeleke, who said he had been in the company for 28 years, said Chief Fabian Nwora is their chairman.
When the lawyer asked him if he knew a man called Shehu Bello, the witness responded in the affirmative.
The PW-11 said that in 2020, Chief Nwora, his boss, sent for him.
He said he met Shehu Bello at his chairman’s office.
“Before then, they had discussed a property at Maitama, No 1, Ikogosi Spring Close, that Shehu Bello will come and pay N500 million for the property,” he said.
The witness said Shehu Bello paid the dollar equivalent of N500 million and that he enquired from a bureau de change operator to confirm.
When Muhammed asked Adeleke how the money was paid, he said: “The money was received in cash.”
He said the house at Ikogosi, Maitama in Abuja, was given “No. 1” on the close because it was the first building on the close and the houses there were not numbered.
When asked if he had any other contact with Shehu Bello, the witness said: “Concerning our contact, it starts with making the payment. Every other contact continues with my chairman.”
During cross-examination, Aliyu, who represented Ali Bello, asked the witness if his client was Shehu Bello, and he said, “No, my lord.”
Also, Olusegun Jolaawo, SAN, who appeared for Sulaiman, the 2nd defendant, asked if his client was Shehu Bello, and the PW-11 equally responded in the negative.
Justice Omotosho, after discharging the witness from the witness box, adjourned the matter until May 7 and May 9 for the continuation of the trial.
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