Judge orders further addresses in Jonathan’s ex-aide Dudafa’s trial

Court


Justice Mohammed Idris on Friday directed parties in the trial of former President Goodluck Jonathan’s aide, Dr Waripamo Owei-Dudafa, to file further addresses on an issue he raised suo moto (on his own).
Justice Idris had on February 27 reserved judgment after counsel adopted their final addresses.

The Economic and Financial Crimes Commission (EFCC) charged Dudafa along with Joseph Iwejuo, a staff of Heritage Bank, on a 23-count of money laundering involving N1.6 billion.
Friday, Justice Idris, who had been elevated to the Court of Appeal, returned to deliver the judgment having concluded the case through a fiat.
He said: “I have carried out a page-by-page examination of the entirety of the more than 600 pages of the statement of accounts that had been tendered in evidence in this case, and the judgment has been written.
“If any court of law raises an issue of law suo motu (on its own), and goes ahead to make pronouncement without affording counsel the opportunity of addressing it on those issues, the entire judgment could be set aside on appeal.
“This is in line with the requirement of Section 36 of the Constitution which guarantees the right to fair hearing.
“Reading through my judgment, I discovered that I might have raised issues of law, which I thought are important. I call the attention of counsel so that I am addressed briefly on it,” he said.

The judge asked counsel to address him on the relationship, if any, between Section 27(3) (c) of the EFCC Establishment Act and Sections 7(2), 16 and 17 of same Act, as they relate to the charge.
“This is the simple issue I want learned counsel to address the court on,” he said.

He, therefore, urged counsel to file the addressees on June 3, following which a date for judgment would be communicated to parties having waived their right to adopt the addresses.

The prosecution closed its case on March 16, 2018, after calling seven witnesses and tendering several exhibits.
The defence had initially filed and argued a no-case submission in its defence and had urged the court to dismiss the case, on the grounds that the prosecution failed to establish any case against them.

Justice Idris had in a ruling last August dismissed the no case submission.
Defence consequently entered its defence, calling two witnesses and tendering exhibits.
It closed its case in November 2018.
Prosecuting counsel Rotimi Oyedepo and defence counsel Gboyega Oyewole and Ige Asemudara agreed that they would file the addresses on Monday.
They had no objection to waiving their right to return to adopt them.