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A Federal High Court in Abuja at the weekend warned
the Economic and Financial Crimes Commission (EFCC) to stop delaying
the prosecution of Bayelsa State government officials facing charges of
money laundering and diversion of public funds.

The commission had, on March 23, charged four top
officials of the state government, namely: Francis Okoruko, Abbot
Clinton, Ikhobo Anthony Howells, and Sylva Opuala – Charles. But since
their arraignment, trial until now was yet to commence.

Presiding Judge, Donatus Okorowo told the EFCC that
the several adjournments made in the trial have been at their instance
and warned that it will not fail to strike out the charge against the
accused persons if the prosecution fails to come up with its witness on
March 11, 2011, the adjourned date to conclude his evidence .

Mr Okorowo issued this warning following a request
for adjournment made by Ugochukwu Ezekiel on behalf of EFCC’s
prosecutor, Festus Keyamo, who was not in court. Mr Ezekiel requested
for the adjournment on the ground that the prosecution witness is
absent.

But counsels to the accused persons, Chris Uche and
Sunday Ibrahim Ameh, called on the judge to take note of the lack of
diligence on the part of the prosecution. They further argued that the
absence of Mr Keyamo at the trial underscored the lack of commitment
and diligence to dispose off the matter, noting that Mr Keyamo was in
error to direct another lawyer to represent him.

The lawyers said their clients were eager to conclude
trial so as to get the criminal charge hanging on their necks
discharged as they were sure of their innocence.

The judge agreed with the defence counsel that the
prosecution was responsible for the series of adjournments and was not
happy with Mr Keyamo for sending another counsel.

Not so speedy

At the last hearing, both defence counsels, on the
basis of wanting a speedy trial, had withdrawn their objection to the
admissibility of a document sought to be tendered in evidence by Mr
Keyamo.

Mr Keyamo had sought to tender the statement made to
the EFCC by the 2nd accused person, Clinton Abbot, through his
prosecution witness 1, Adebayo Adeniyi Oluwasegun, but Messrs. Uche and
Ameh objected to the procedure on the premise that it would offend
Section 36 [a] of the Evidence Act since he (Oluwasegun) was not
incidental to the statement being made. After a spell of arguments, the
Judge was to adjourn the matter to enable him rule. But Counsel to the
accused persons, eager to make progress with the trial, agreed to
withdraw the objection after Mr Keyamo had entered an undertaking that
he will not rely on any other Investigating Police Officer (IPO) to
tender any further evidence.

Consequently, the statement sought to be tendered was
later admitted in evidence after which the police officer recounted
steps he took in the course of investigating the case.

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