Justice Okon Abang of the Federal High Court sitting in Abuja, on Monday, fixed October 7, for hearing of an application for stay of proceeding filed by former Adamawa state governor, Admiral Murtala Nyako (rtd) and three others.
Delivering a bench ruling on whether or not the court can entertain the application of the defendants, having been vehemently opposed by the prosecution counsel, Rotimi Jacobs, the court held that it was minded to hear the application.
The EFCC lawyer had urged the court not to hear the motion because section 306 of the administration of the Criminal Justice Act, 2015 prohibits a stay of proceeding in a criminal trial.
Some of the defendants had filed an application for stay of proceeding of the trial court pending the hearing and determination of their appeal at the Court of Appeal in respect of the ruling on the no-case-submission delivered on July 19, which ordered the defendants to open their defence.
The court said in the interest of fair hearing, it was right to hear the application for a stay of proceeding.
“The defendants will be denied fair hearing if the court rejects the application for stay of proceeding.
“The court has no jurisdiction to imprison any application filed before it, whether regular or irregular, frivolous, vexatious, etc.
“I shall hear the defendants’ application for stay of proceeding in the interest of justice, after which the court decides the next step” Justice Abang held.
More so, the judge held that he was not inclined to adjourn the matter judicially to November 8, as suggested by the 3rd defendant, following the absence of Yakubu Maikyau SAN.
On the application to withdraw his counter-affidavit in opposition to hearing of the application for stay of proceeding, Justice Abang said granting the application “will compound issues for the court”.
“Therefore, the court refuses to grant application of the prosecution, the court said.
Consequently, the application for adjournment was granted, but to October 7.
Justice Okon Abang of the Federal High Court sitting in Abuja, had on July 19, dismissed
the no-case submission filed by former Adamawa state governor, Admiral Murtala Nyako (rtd) and three others.
Consequently, the court ordered the defendants to enter defence in their ongoing trial.
The EFCC is prosecuting the former governor, his son, Abdul-Aziz; two companies, Sebore Farms and Extension Ltd and Pagado Fortunes Ltd, over money laundering offences.
Other defendants are Zulkifik Abba, Abubakar Aliyu, Blue Opal Ltd, Tower Assets Management Ltd and Crust Energy Ltd.
EFCC filed the charge against the former governor and the defendants on July 7, 2015.
On October 17, 2015, the anti-graft agency arraigned the defendants on a 37-count charge of criminal conspiracy, stealing, abuse of office and money.
