A Federal High Court in Lagos on Monday held that its arrest warrant against singer Mercy Chinwo’s former manager, Ezekiel Onyedikachi, remained in effect.
Justice Alexander Owoeye said this while adjourning Onyedikachi’s trial for alleged fraudulent conversion of money.
Recall that Owoeye had on Jan. 16, issued an arrest warrant against Onyedikachi following an exparte application by the Economic and Financial Crimes Commission (EFCC).
Chinwo had alleged that the defendant diverted about 345,000 dollars representing royalty due to her.
EFCC counsel, Mrs Bilikisu Buhari, had told the court that prosecution was unable to effect service of the charge on the defendant who, she said, had been unreachable.
The court consequently granted the application for arrest warrant against Onyedikachi.
At the last adjourned date, Jan. 24, defence counsel, Dr Monday Ubani, undertook to accept service of the charge on behalf of the defendant.
Ubani, however, informed the court of a preliminary objection to the charge filed by him.
The court adjourned the case for arraignment of Onyedikachi.
At the resumed hearing of the case on Monday, Ubani announced appearance for the defendant, while Mr Rotimi Oyedepo (SAN) appeared for EFCC.
Ubani then informed the court that although the case was slated for arraignment of the former manager, he had a preliminary objection before the court.
No sooner had Ubani said this than the judge asked, “Where is the defendant?”
In response, Ubani told the court that his client had called to say that he was involved in an accident on Monday morning.
Ubani said that his client would be available on the next adjourned date.
He prayed the court to allow him to move the preliminary objection but the judge declined.
Owoeye held that the court had yet to assume jurisdiction over the case since the plea of the defendant had not been taken.
Reacting, EFCC counsel described the defence counsel’s prayer as strange and improper.
Oyedepo cited Sections 396(2) of the Administration of Criminal Justice Act as well as judicial authorities of State versus Achara and Federal Republic of Nigeria versus Yahaya Bello to support his submission.
He urged the court not to grant the prayer.
“My lord, it is a show of shame and outright disrespect for this court for the defendant to be absent on three different occasions in a criminal trial,” he said.
He told the court that the defendant was seen within the court’s premises granting media interviews shortly after the court rose at the last adjourned date.
Oyedepo prayed the court to issue a bench warrant to compel the defendant to appear before the court to protect the integrity of the court.
However, Ubani objected to the prayer, saying that he undertook to personally produce the defendant in court on the next adjourned date based on his reputation and intergrity as a senior lawyer.
In a ruling, the judge held that the bench warrant earlier issued by the court had neither been vacated nor withdrawn.
He held that the defendant should appear in court on the next adjourned date for arraignment either by the subsisting bench warrant or by production by his counsel.
The judge adjourned the case until March 6 for arraignment of the defendant.
NAN
