The trial of former Jigawa State Governor Sule Lamido and his two sons, Aminu and Mustapha, over alleged N1.35 billion fraud stalled on Monday at the Federal High Court in Abuja after the lead defence lawyer, Joe Agi (SAN), failed to appear due to health reasons.
Adjournment Granted After Lead Counsel's Absence
The Economic and Financial Crimes Commission (EFCC) disclosed in a statement by its Head of Media and Publicity, Dele Oyewale, that the proceedings did not continue as scheduled. Prosecution lawyer Chile Okoroma (SAN) informed Judge Ijeoma Ojukwu that Mr Agi had written to explain his absence on medical grounds after undergoing surgery and requested an adjournment.
Mr Okoroma wished the defence lawyer a speedy recovery but argued that another member of Mr Agi's legal team ought to have appeared so the trial could continue. “Another counsel in his team ought to have appeared for him so that the trial can continue, especially as the matter has lingered in court since 2015,” Mr Okoroma was quoted as saying.
The prosecution lawyer also expressed concerns that the judge travelled from her judicial division in Calabar, Cross River State, to preside over the matter in Abuja. Hence, Mr Okoroma urged the court to grant only a one-day adjournment. Judge Ojukwu granted the request and adjourned the case for continuation of trial.
Background of the Case
The case has remained in court for more than a decade since the EFCC filed charges in 2015 against Mr Lamido, his sons, Aminu Wada Abubakar, and two companies: Bamaina Holdings Limited and Speeds International Limited. The anti-graft agency accused the defendants of diverting about N1.35 billion from Jigawa State through alleged money laundering, kickbacks and fictitious contract awards during Mr Lamido's tenure as governor between 2007 and 2015. They all pleaded not guilty.
After calling 17 witnesses and closing its case, the EFCC urged the court to order the defendants to open their defence. In November 2022, Judge Ojukwu agreed with the prosecution and dismissed the defendants' no-case submission. However, the Court of Appeal set aside the ruling on appeal by the defendants and discharged them, holding that the Federal High Court in Abuja lacked territorial jurisdiction because the alleged offences were committed in Jigawa State.
In January, the Supreme Court overturned that decision and restored Judge Ojukwu's ruling, directing the defendants to return to the Federal High Court to continue their defence. Following the Supreme Court's judgment, the case was reassigned to Judge Peter Lifu for re-arraignment, but the prosecution insisted the matter should return to Judge Ojukwu, who had heard all the prosecution witnesses and was familiar with the evidence. The case was eventually returned to Judge Ojukwu, and the defence opened its case in June.
Recent Developments
At the last hearing on 2 June, proceedings centred on documents obtained through a subpoena issued to the EFCC chairman. An investigator produced by the commission admitted under cross-examination that he was not a member of the team that investigated the case. Defence lawyers argued that the witness had no personal knowledge of the investigation, while the prosecution maintained that it had complied with the subpoena by producing the requested documents. Judge Ojukwu admitted the documents in evidence and directed that the trial should continue.
