Judge AA Okeke of the Federal High Court sitting in Uyo, Akwa Ibom State, Nigeria, on Monday, June 17, 2019, granted an application submitted by the Economic and Financial Crimes Commission, EFCC, for the arrest of a senator in service, Albert Bassey. .
The senator is popularly known as OBA and is required to appear in court and face the money laundering charges brought against him by the Commission.
Tony Orilade, the commission’s acting director of media and publicity, said in a news release that the senator, according to his attorney, attorney Samuel Ikpo, did not appear in court because he was not served a copy of the charges.
Ikpo also added that his client ordered him to appear in court and receive the charge on his behalf.
But the prosecution through his lawyer, Mohammed Sadisu Abubakar, gave a detailed account to the court about the efforts made by the Commission to serve the legislator.
“My lord, since the charge was filed, the prosecution has made frantic efforts to release the suspect to the charge, but all our efforts were unsuccessful, as the suspect, who was on administrative bail issued by the EFCC, skipped bail. The Instructor, Osatuyi Ayodele, also called him on June 6, 2019, inviting him to the office to be notified of the accusation, but the Deputy did not show up after promising to do so.
“One of his (Senator Bassy) lawyers, Ini Utuk, was also contacted on June 7, 2019, but did not show up either, after promising to do so.
Up to this time, my lord, the suspect has not met the terms of his administrative bond, which is to be always available.
“Under the circumstances, sir, I humbly request, pursuant to sections 113 and 114 of the Administration of Criminal Justice Act, that this honorable court issue a warrant for the arrest of the suspect and bring him before this honorable court,” Abubakar said. .
But the defense attorney argued, however, that the indictment be brought against him as the matter was brought before the court for the first time and the suspect was not given a copy of the indictment.
“The defendant was sworn in last week in Abuja as a senator. I respectfully request that the position be given to me to hand over to him,” Ikpo said.
Responding on questions of law, counsel for the EFCC countered the defense argument, as he based his argument on the provisions of Section 114 of the Administration of Criminal Justice Act.
His words: “My lord, Section 114 of the ACJA provides that the court may issue an order for the first time, depending on the nature and circumstances of the case and the nature and circumstances of this case give rise to the issuance of a bank order.
This is a criminal matter and there is no provision in ACJA 2015 to bring a charge through an attorney in respect of a suspect who has not appeared in court.
My lord, I urge you to disregard defense counsel submissions,” Abubakar argued.
After hearing both sides, Judge Okeke confirmed the prosecution’s arguments. “Section 114 of the ACJA is instructive on this subject.
The court may issue an arrest warrant on the first day, depending on the circumstances and nature of the case. One must lead by example and from whom much is given, much is expected.
“Where the defendant deems it necessary to attend a legislative function, he should also deem it mandatory to comply with invitations from law enforcement agencies.
Justice is for everyone in the temple of justice and if there is any request to be granted in the interest of justice, it must be the request made by the prosecution.
“Therefore, the court grants the request and accordingly issues a warrant for the defendant’s arrest for appearance in this court at the next adjourned date,” the court ruled.
The matter was subsequently adjourned to June 24, 2019 for arraignment.
This writer notes that Senator Albert Bassey is the senator representing the northeastern senatorial district of Akwa Ibom in the upper house.