A Federal High Court sitting in Lagos has held that the arrest warrant against Ezekiel Onyedikachukwu, a former Manager to gospel singer, Mercy Chinwo, is still subsisting.
At the Monday resumption of the proceedings in the matter, Justice Alexander Owoeye made this known.
Chinwo claimed in court documents that the defendant had defrauded her of 345, 000 dollars, representing royalties.
A three-count charge against him was brought by the Economic and Financial Crimes Commission (EFCC).
The defendant’s attorney, Bilikisu Buhari-Bala, had previously told the court that the prosecution was unable to bring the charge against the defendant because he had made himself unreachable.
The court then issued a warrant for the defendant’s arrest and granted the EFCC’s request.
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A Senior Advocate of Nigeria, Monday Ubani, appeared for the defendant on January 24 and requested that the arrest warrant be withdrawn.
The defendant was evading receiving the charge, which the EFCC had invoked, and the charge served as justification for the warrant.
The defendant’s attorney then requested permission to serve the defendant’s charge on his attorney.
Following the court’s nod, Buhari-Bala served the charge on Onyedikachukwu through his lawyer, Ubani.
The defendant’s arraignment was then adjourned for a second time.
When the case was called on Monday, Ubani again announced appearance for the defendant, while Senior Advocate of Nigeria, Rotimi Oyedepo appeared for the EFCC.
The defendant was supposed to be arraigned, but Ubani informed the court that the defense already had a notice of preliminary objection to the charge.
The judge then asked the counsel, “Where is the defendant”?
In response, Ubani told the court that he received a call from the defendant, who said he had a terrible accident this morning. The attorney promised the defendant’s availability at the following adjourned date.
The judge waited until the defendant’s court appearance before hearing Ubani’s motion and argument.
Since the defendant’s plea wasn’t accepted, the court, according to Justice Owoeye, had not formally ceased to have jurisdiction over the case.
On his part, the prosecutor, Oyedepo described the procedure adopted by the defence as strange. He cited several judicial bodies, including Section 396 (2) of the Administration of Criminal Justice Act, and also called on the court to refrain from hearing the defense.
The defendant being absent on three different occasions in a criminal trial is a show of shame and outright disrespect of this court, Oyedepo said.
The defendant was seen inside the court’s premises shortly after the court rose at the last adjourned date, according to the prosecutor, who gave the judge access to media interviews. He referred to a defendant’s attitude as complete dishonor and shameful to the court.
Oyedepo added that if the defendant was actually indisposed as represented by his attorney, it should be affidavited as proof before the court.
Oyedepo requested a bench warrant in the circumstance to require the defendant’s presence before the court, adding that the court’s integrity must be preserved as a result.
Ubani responded by challenging the bench warrant request. At the following adjourned date, he committed to personally produce the defendant.
The judge upheld the judge’s short opinion that despite his best efforts, a previous bench warrant that the court had issued still exists.
In response, the court ordered the defendant to show up in court for his arraignment on the following adjourned date.
Source: Channels TV
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