The Special Offences Court in Ikeja, Lagos, yesterday declined an application filed by the Lagos State Attorney General Lawal Pedro (SAN) to halt the trial of Azubuike Ishekwene and Olalekan Abdul.
The two accused persons are being prosecuted by the Economic and Financial Crimes Commission (EFCC) for alleged N1.35 billion fraud.
Ishiekwene and Abdul, former Managing Director of Cleanserve, pleaded not guilty and were granted bail.
A mild drama ensued, leading to Justice Mojisola Dada accusing the defence counsel of disrespecting the court and the senior lawyer maintaining his innocence.
Pedro had filed for discontinuance after an earlier move to take over the prosecution failed.
The matter resumed yesterday for ruling on the notice of preliminary objection to the notice of discontinuance.
Franklin Oforma appeared with A. A. Usman for the prosecution; Jonathan Ogunsanya for Pedro; Adeyinka Olumide-Fusika (SAN) appeared with O. Oyewole, U. Adindu, and S. Olawode for the first defendant, while A. Abdulrasaq, who stood in for Muiz Banire (SAN), represented the second defendant.
Ruling, Justice Dada discharged the first and second defendants on 20 out of the 26 counts brought against them under the laws of Lagos State.
The judge ruled that the defendants should continue their defence in the remaining six-count charge brought against them under the Advance Fee Fraud Act and EFCC Act.
Olumide-Fusika asked that the case be stood down for 30 minutes, after which he sought to make an oral application for his client to be acquitted, but the judge declined.
A mild drama ensued, with the judge accusing Olumide-Fusika of being “lousy” and “rude” and the SAN denying the allegation.
The exchange went thus:
Olumide-Fusika: At least, it would be on record that I made the applications.
Judge: I will consider it in the final judgment.
Olumide-Fusika: No, I’m making the application now.
Judge: Ehn! Let it be there.
Olumide-Fusika: I’m making the application now. Now! My lord.
Judge: Please, don’t shout; no shouting.
Olumide-Fusika: I’m not shouting. I’m making the application now.
Judge: And watch your language, please.
Olumide-Fusika: I’m making the application now. I’m making the application now. The prosecutor made an application when your lordship read the ruling.
Judge: What application did he make?
Olumide-Fusika: He made an application. He pointed your lordship’s attention to the fact that your lordship made an order discharging and asking the second defendant to go.
Judge: Discharging them?
Olumide-Fusika: Your lordship said so.
Judge: …On 20 counts.
Olumide-Fusika: I said I’m making my own application now. I’m making it now. Your lordship can decide…
Judge: Mr. Olumide-Fusika.
Olumide-Fusika: Yes, my lord.
Judge: Watch your language, please.
Olumide-Fusika: What language am I watching?
Judge: I do not appreciate your language.
Olumide-Fusika: What language am I watching? I’m not watching any language. I’m only making an application as a lawyer.
Judge: As a lawyer, but you don’t need to be a lousy lawyer. You don’t need to be lousy.
Olumide-Fusika: Lousy, how?
Judge: You’re being rude to the court.
Olumide-Fusika: How, my lord? That I am making an application under the rules?
An anonymous member of the Bar to Olumide-Fusika: You’re shouting.
Olumide-Fusika: How am I shouting? I am making an application under the rules of this court.
Judge: And I’ve said I’ve heard you and my ruling remains what it is.
Olumide-Fusika: I’m making an application before this court. It is my duty to make an application.
Judge: If you’re not ready…
Olumide-Fusika: It’s my duty to make an application.
Judge: I will give you another date so you can come and do your shouting game.
Olumide-Fusika: I’m not shouting. I’m making an application and I would want it to be taken down that your lordship should acquit… Your lordship didn’t hear the application.
Judge: I heard it.
Olumide-Fusika: Okay, on what counts am I asking?
Judge: On the 20 counts, obviously.
Olumide-Fusika: There are no 20 counts.
Judge: The 20 counts listed earlier on.
Olumide-Fusika: There are no 20 counts. My application is for the acquittal, which can be refused, but I have the right to make the application and I don’t see what is rude in that.
Judge: I’m relying on my ruling. I have refused you.
Olumide-Fusika: Your lordship cannot rely on the ruling when it is me making the application, but not rely on it when it is the prosecution making the application. Your lordship changed a lot of things in that ruling when it was pointed out to your lordship that your lordship had made an error. And I am telling your lordship that your lordship has made an error.
Judge: What did I change? I have told you to watch your language. What did I change?
Olumide-Fusika: It is on the record.
Judge: I said they were discharged on the 20 counts.
Olumide-Fusika: No, I even pointed out, my lord; I joined the prosecutor in pointing out that in actual fact, your lordship told him to go. But that’s not the issue. My application today is… I have been calm. My lord, I have been very calm, but I am also not the kind of lawyer that can be intimidated. Yes, I will say so.
Judge: Who is trying to intimidate you?
Olumide-Fusika: That is what your lordship is trying to do. That is what your lordship is trying to do. Your lordship cannot tell me not to make an application, and then tell me I’m rude because I said I want to make an application. What else have I said? Did I insult your lordship? Did I call your lordship names? No
Judge: You did.
Olumide-Fusika: There are people in court. We have people in court. I only said I made an application and your lordship is telling me I cannot make an application. What is my role as a lawyer if I cannot make an application? My application is that the first defendant should be acquitted. The rules say if an application for a discontinuance is made after the the defendant is called upon to make his defence, he shall be acquitted in respect of such offence. Your Lordship cannot make a separate rule for this court…
While the SAN was still speaking, Justice Dada adjourned until October 31.(The Nation)
