The former Enugu state governor, Mr. Chimaroke Nnamani, has urged a Federal High Court, Lagos, to decline jurisdiction in trying him in a charge filed against him by the Economic and Financial Crimes Commission (EFCC), over alleged N5.3 billion fraud.
It would recalled that the court presided over by Justice (Professor) Chuka Obiozor, had on December 4, issued a bench warrant against the former governor and one Sunday Onyekazuru Anyaogu, for their failure to attend the court to take their pleas on the criminal charge filed against them by the EFCC.
At the resumed hearing of the matter today, Nnamani’s lawyer, Abubakar Samusudeen informed the court of his client’s application to decline jurisdiction in the trial of his client.
Samusudeen told the court that the application was brought pursuant to sections 6(6) and 36 of the 1999 Constitution.
Nnamani through his lawyer also sought court declaration that it lacks jurisdictional competence, to try him and or determine the offences contained in charge No. FHC/L/90c/07, between FRN vs Chimaroke Nnamani and eight others, in respect of which a plea agreement was reached between the parties the charge leading to the institution and determination of amended charge marked FHC/L/09c/2007A, between FRN vs. Rainbownet Nigeria Limited, dated July 7, 2015.
Nnamani also urges the court for an order setting aside charge no. FHC/09c/2007, FRN vs. Chimaroke Nnamani and eight others, whether on original or amended form. And an order of perpetual injunction restraining the Federal Republic of Nigeria, it’s agents, privies, or any other persons deriving power from the federal government of Nigeria from inviting, instituting, maintaining or otherwise prosecuting them in respect of charge no. FHC/L/09c/07, between FRN vs Chimaroke Nnamani and eight others. And an order staying their arraignment in the said charge weather in its original or amended form, pending the hearing and determination of their application.
Samusudeen also pleaded with the court to withdrawal the bench warrant issued against the second defendant in the charge, Sunday Anyaogu, whom he said came to court voluntarily.
He told the court that the second defendant was not aware that the matter will come up at the last adjournment date, and that when he informed him he made himself available before the court. He therefore urged the court to withdraw the bench warrant against the second defendant.
Responding to Nnamani’s application, EFCC lawyer, K. C. Uzozie, told the court that he was just been served with the application, and that there issue of law that is contained in the application.
Consequently, the EFCC lawyer urged the court for a short adjournment to enable the agency response to the Nnamani’s application.
Ruling on the application, Justice Obiozor, adjourned the matter till January 19, for hearing and determination of Nnamani’s application, as well take the plea of the accused persons on the alleged fraud.
The judge, however, stated that the bench warrant on Nnamani subsist, while withdrew that of the second defendant.
The case has been handled by Justices Tijani Abubakar, Charles Archibong (retd.), and Mohammed Yunusa, who was suspended by the National Judicial Council over corruption allegations.
The trial has been stalled since July 5, 2015, when some of the defendants entered into a plea bargain and forfeited their assets before Justice Yunusa.
