Posted by By Gboyega Akinsanmi on
An Ikeja High Court was yesterday thrown into confusion when a Lagos hotelier, Mr. Augonous Okoro billed to appear before it in an on-going trial of advanced fee fraud (a.k.a. 419) suddenly collapsed and started vomiting before his case was called.
An Ikeja High Court was yesterday thrown into confusion when a Lagos hotelier, Mr. Augonous Okoro billed to appear before it in an on-going trial of advanced fee fraud (a.k.a. 419) suddenly collapsed and started vomiting before his case was called.
It took the concerted efforts of security operatives attached to the Economic and Financial Crimes Commission (EFCC), court attendants and other individuals who have matters in the court to revive Okoro before the EFCC security agents rushed him to an undisclosed medical centre.
However, when the tempo of turbulence in the court room was reduced, presiding Justice Olubunmi Oyewole resumed hearing. The suit with Charge No. ID/40C/2003, filed by the State against late Chief Maurice Ibekwe, a former member of House of Representatives and Okoro was called.
Counsel representing the accused person, Chief Bolaji Ayorinde, SAN, and the lead prosecution counsel, Mr. Rotimi Jacobs appeared accordingly as the matter was called referring the judge to the incident that happened in the court, and both asked the court to adjourn the matter.
Justice Oyewole, considering harmonious position of both counsel and worsening health situaion of the accused, adjourned the matter till February 28 on the condition that Okoro should have recovered from his ill health to stand trial in the charge preferred against him.
At the last sitting, Justice Oyewole struck out a quash application filed by Okoro in the on-going advanced fee fraud a.k.a. 419 trial. The application was declined because it lacks merit and was an abuse of court process.
Okoro, co-accused person to late Chief Maurice Ibekwe (House of Representatives member, who died on March 20, 2004, of kidney complications) is facing an amended charge filed by the Economic and Financial Crimes Commission (EFCC) prosecutor, for allegedly swindling a German businessman, Mr. Klaus Richard Munch of $330,000 and 75,000 deutschmarks ten years ago. He was awarded bail in a sum of N100 million with a surety in like sum on November 15, 2004.
Accused person, who also recently obtained the services of a new counsel, Chief Bolaji Ayorinde, SAN, had queried the presence of Mr. Rotimi Jacobs, lead prosecution counsel, in the matter. Ayorinde, in his application, had insisted that Jacobs was not in the Department of the Attorney-General of the Federation or the EFCC, and that his authorisation in the case was unclear; which was linked to a prayer by the accused for the amended information to be quashed.
Jacobs, after the motion was moved for the application, submission and adoption of written addresses by both counsel, submitted that delegation of authority by EFCC and the AGF was allowed in the case, and that defence counsel's position had taken him by suprise. He urged court to dismiss the application.
Justice Oyewole, who rose for a few minutes after the argument to write his ruling, said, "the first issues arising for determination is whether this application is an abuse of the judicial process. Abuse of judicial process is imprecise. Records of the court show previous applications by the applicant herein seeking the same relief now sought in the present application i.e. the quashing of the present amended information pending against him in this court".
"Court had previously ruled refusing to quash the said information and that puts an end to that relief before this court. There should be an end to litigation on any issue, otherwise the judicial process would grind to a halt. Seeking and canvassing more robust arguments to support or revive a dead issue cannot be permitted. It is too late in the day and the issue cannot be re-opened before this court. This application cannot be entertained on its merit as it constitutes an abuse of judicial process and it is consequently struck out".
Okoro, in a suit with Charge No. ID/40C/2003, filed by State, is being charged with conspiracy with intent to defraud, an offence punishable under Sections 419, 516, 472(2) of the Criminal Code; for obtaining the above-mentioned sums from Munch on the pretence that such monies were sundry payments to various government officials for the payment of thirty million dollars on contract No. FMT&AV/PED/5152/82.