The Economic and Financial Crimes Commission (EFCC) on Monday arraigned a former Minister of Aviation, Femi Fani-Fayode, and a former Minister of Finance, Nenadi Usman, before Justice R. M. Aikawa of the Federal High Court sitting in Ikoyi, Lagos.
They are being prosecuted alongside one Danjuma Yusuf and Joint Trust Dimensions Nigeria Limited on a 17-count charge bordering on conspiracy, stealing and corruption to the tune of N4.9billion.
The defendants had earlier been arraigned before Justice M. S. Hassan of the Federal High Court sitting in Ikoyi, Lagos in 2016.
Following their arraignment in 2016, the prosecution counsel, Rotimi Jacobs, had called a prosecution witness, PW1.
However, the defence counsels had then refused to cross-examine the witness.
The defence had filed an application alleging likelihood of bias on the part of Justice Hassan against the first defendant, Fani-Kayode .
The defence, in the application, also sought a severance of the charges.
In addition, the defence had claimed that the venue of the trial was not convenient for them.
In response, the prosecution had filed a counter-affidavit to all the applications filed by the defence.
Both the prosecution and the defence had then argued their applications.
Ruling on the applications, Justice Hassan had excused himself from handling the matter and returned the file to the Chief Judge of the Federal High Court for re-assignment.
The defence, thereafter, wrote to the chief judge, asking for a transfer of the matter to Abuja on the grounds of convenience of venue.
The prosecution counsel, Rotimi Oyedepo, countered the claim by the defence.
However, the chief judge, upon consideration of all the applications before him, re-assigned the matter to Justice Mohammed Aikawa.
At Monday’s proceedings, which commenced de novo, counsel to the first defendant, A. J. Owonikoko, SAN, raised an objection to the arraignment on the grounds that he and counsels to the other accused were having pending applications that had not been decided by Justice Hassan.
The defence told the court that though the applications were argued, ruling was not delivered on them.
In his response, Oyedepo told the court that the applications had been argued before Justice Hassan.
Oyedepo further argued that Justice Hassan had delivered a single ruling on the applications after they were well considered.
“The proper thing for the defendants, if they are not satisfied, is to file a notice of appeal, which they have not done till date,” he added.
He, therefore, urged the court not to allow the defendants arrest the proceedings.
In view of this, Justice Aikawa adjourned ruling and ordered the defendants to take their pleas.
The defendants pleaded not guilty to the charges when they were read to them.
Counsel to the defendants prayed the court to allow their clients to continue to enjoy the bail earlier granted to them.
Oyedepo, however, argued that since the counsel to the defendants had accused Justice Hassan of bias, they were not supposed to enjoy the bail he granted them.
He, however, said the court could allow the defendants to continue to enjoy the bail earlier granted them.
Consequently, Justice Aikawa adjourned to June 7 and 9, 2017 for ruling and commence of trial.
