The Federal High Court, Abuja, on Monday, admitted the Managing Director of Atlantic Energy Brass Development Ltd., Olajide Omokore, and five others to bail in the sum of N50 million each.
Omokore, Victor Briggs, Abiye Membere, Atlantic Energy Brass Development Ltd., Atlantic Energy Drilling Concept Ltd., and David Mbanefo, were arraigned on a nine-count charge bordering on advanced fee fraud (419) and money laundering by the EFCC
They pleaded not guilty to the charges.
The judge, Justice Binta Murtala-Nyako, ordered them to produce one surety each in like sum, adding that the sureties must have landed property in Abuja or be a public servant.
Murtala-Nyako said that the defendants would also deposit both their official and ordinary passport with the court and shall travel only with the permission of the court.
She, however, struck out the name of Diezani Allison-Madueke and Kolawole Aluko, from the charge sheet following oral application by the prosecuting counsel, Mr Rotimi Jacobs (SAN).
Jacobs said that since the issue of Aluko and Allison-Madueke’s absence was going to stop the defendants from taking their plea, it was better that their names be struck out for the matter.
He said that both Aluko and Allison-Madueke would be charged separately.
Earlier, Mr Rafiu Lawal (SAN), Counsel to Omokore, had told the court that the defendants could not take their plea since Aluko, whose name also appeared on the charge sheet was said to be at large.
Lawal noted that the Administration of Criminal Justice Act (ACJA) made it mandatory for all accused to be in court.
He said that if his client took his plea and the case proceeded and his client was found not guilty and Aluko was found guilty, he could say he was not served and the process would have to begin afresh.
Mr Tayo Oyetibo (SAN), Counsel to the fourth defendant, said he agreed with Lawal.
Oyetibo said that the prosecution needed to put its house in order before arraigning the defendants.
“It is well settled in our jurisprudence that the proceeding without service on one of the defendants no matter how well the procedure is conducted, it will be a nullity.
“It is clear that Aluko has been charged and since no one has announced appearance for him, if we waste precious time conducting judicial proceedings and he eventually says he was not served, it will amount to a nullity.’’
Oyetibo said that there must be proof that Aluko was served with the originating processes even through substituted service.
He said it was an issue the prosecution could not gloss over, adding that as a result, the arraignment was not ripe.
A member of the prosecution team, Prof. Yemi Akinseye-George, also argued that Section 266 of the ACJA stipulated that all defendants must be present in court.
According to him, arraignment is the beginning of trial as they can be no trial without arraignment.
“ACJA has put an end to charging defendants who are said to be at large.
The judge Nyako suggested that since Aluko’s name was being struck out on account of his absence, that of Allison-Madueke would also be struck out since she too was absent.
She adjourned the case till Sept. 19 and Sept. 20 for commencement of trial.
