Posted by By PETRUS OBI, Enugu on
Chief Lucky Igbinedion, former governor of Edo State on Monday asked the Enugu Federal High Court, where he is standing trial on allegations of money laundering, to grant his application seeking an order for leave to enable him travel to the United States of America and United Kingdom.
Chief Lucky Igbinedion, former governor of Edo State on Monday asked the Enugu Federal High Court, where he is standing trial on allegations of money laundering, to grant his application seeking an order for leave to enable him travel to the United States of America and United Kingdom.
In an affidavit filed by his counsel, Olatunji Oyeyipo (SAN), the ex-governor said the application, when granted, would enable him see members of his family who are residing in USA.
Oyeyipo told the court, while defending the application, that the prosecution had already been served with the further affidavit.
The presiding judge, Justice Olayinka Faji, advised Oyeyipo to first present his arguments on his earlier application praying the court to direct the prosecution to furnish the first accused person (Igbinedion) with the written statements of seven investigating police officers who were listed as witnesses in the case.
Justice Faji, stated that the application for proof of evidence was part of the trial process and therefore fixed Wednesday, March 18, 2008 for submissions of arguments on the application for travel.
Arguing on his application for proof or summary of evidence of the seven investigating police officer listed as witnesses, Oyeyipo submitted that his client was in 'the dark as to what the seven witnesses (IPOs) are going to say in court."
He stated that his client would not be able to prepare properly for his defence without being equipped with the proof of evidence, statements, and exhibits that would be presented to the court by the seven police officers.
Oyeyipo wondered why the prosecution (EFCC) refused to supply the said statements despite the fact that it had earlier voluntarily furnished the court and the first accused person with the proof of evidence of 16 out of the 23 witnesses it forwarded to the court.
He, therefore, prayed the court to grant the application to enable his client prepare well for his defence, adding that the application was not meant to obstruct accelerated hearing on the matter.
In his submission, counsel to the Economic and Financial Crimes Commission (EFCC), Adeneyi Adebisi, opposed the application with a 23-paragraph counter affidavit, maintaining that since the first accused was already aware of what the seven IPOs would be coming to court to say, there was no need to file the statements again.
The EFCC counsel stated further that the statements of the seven witnesses would only be required 'if they are unable to come to court during the trial period," adding, that 'it is not a point of law to file the written statements."
Reacting to the submissions of Adebisi, Justice Faji queried why the prosecution refused to furnish the first accused with the proof of evidence of the seven persons, saying that he was of the view that the EFCC ought to have done that since they had already provided the statements of the other 16 witnesses.
The court fixed March 18, 2008 for ruling on the application.