The ongoing trial of Abubakar Ali Peters and his company,
Nadabo Energy Limited, over a 21-count charge bordering on forgery and subsidy
fraud to the tune of N761,628,993.84 before Justice S.S. Ogunsanya of the Lagos
State High Court, sitting in Ikeja, could not continue as expected on November
1, 2021 as the defendant was absent in court.
Justice Ogunsanya had at the last proceedings of September
22, 2021, adjourned till November 1 and 2, 2021 for the defence to cross-examine
the Executive Chairman of the EFCC, Abdulrasheed Bawa, who concluded his
examination-in-chief.
Bawa had told the Court that investigations by the EFCC into
petitions received from the Ministry of Petroleum Resources and some concerned
Nigerians in 2015 alleging fraud in the subsidy regime, uncovered forged
documents allegedly used by the defendant to claim subsidy funds for 12,000MT
of PMS “whereas only about 6,000 MT was imported by the defendant”.
At the resumed sitting today, however, rather than commence
with the cross-examination of the witness, counsel for the defence, E.O.
Isiramen informed the Court that his client was absent having contracted
coronavirus.
“He is ill with coronavirus as he tested positive for the
virus and he is presently at an isolation centre where he is receiving
treatment,” he said.
However, the Judge asked him to give the Court the specific
isolation centre where his client was receiving treatment.
“There are several isolation centres and moreover, there is
no medical report before the Court,” Justice Ogunsanya queried.
In response, Isiramen said: “I don’t know precisely where he
is, the report was sent via email.”
The Judge, expressing surprise, however, stressed that the Court was a “court
of records not of speculation”.
The prosecuting counsel, S.K. Atteh, responding, told the
Court that the same reason was given for the absence of the defendant at
another fraud case against him before Justice C.A. Balogun of a Lagos State
High Court sitting in Ikeja.
“Over a month ago, the defence gave same reason for the
absence of the defendant and the Court ordered the defence to serve the
prosecution with the copy of the medical report, but till now, we have not been
served,” he said.
Accordingly, the Judge expressed displeasure that the defence
was “wasting judicial time”.
The Judge said, “The Court is very displeased with you, why not inform the
Court before now.
“You are responsible to bring him to Court, and this is the
only matter listed.
“This is not a civil matter, but a criminal matter.
“The Court would have revoked the bail, but for the illness,
no bench warrant for now.”
In the circumstance, Atteh applied to the Court to “impose
penalty” on the defence and to order the defence to produce the medical report
backing the claim.
While adjourning till December 16 and 17, 2021, Justice
Ogunsanya gave the defence seven days to furnish the prosecution and the Court
with the medical report, and to pay the sum of N309,000 within seven days to
defray the costs incurred by the two witnesses which the prosecution had
brought to Court from Abuja for the matter.
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