High court judge withdraws from case after accusing EFCC of misconduct in corruption trial

FEDERAL high court judge Justice Gabriel Kolawole has lashed out at the Economic and Financial crimes Commission (EFCC) over its display of gross misconduct in the prosecution of an alleged N3.1bn corruption case.

Justice Kolawole of the Federal High Court, Abuja, who accused the EFCC of frustrating proceedings in the trial and attempting to take over control of court, withdrew from the EFCC case and returned its file to the chief judge of the court, Abdul Kafarati, for re-assignment. The trial involving a serving colonel in the Nigerian Army, Nicholas Ashinze, and five others ran into storm during the cross examination of an EFCC operative, Hassan Sheidu.

During the trial, the counsel to the army officer, Ernest Nwoye, had asked the EFCC operative who conducted investigation into the case to confirm to the court, if the name of Nicholas Ashinze appeared in any of the transactions relating to the N3.1bn water project contract, to which he answered negatively. Mr Nwoye also asked the EFCC witness to confirm to the court whether the contract was initiated by the office of the National Security Adviser (NSA) where the army officer served or the Federal Ministry of Water Resources and which he answered in favour of the latter.

Trouble began when another question on whether the NSA office was responsible for payment of the contract and whether the office of Secretary to the Government of the Federation and the Central Bank of Nigeria which effected payment ever declared the water contract illegal or fraudulent and which he answered in the negative. Mr Nwoye then asked the EFCC witness to tell the court why the name of Nicholas Ashinze was put on the charge sheet.

At the stage, the EFCC counsel Ofem Uket, became uncomfortable with the cross examination and began interjecting into the proceedings persistently. Efforts by the judge and other lawyers that the cross examination be allowed unhindered were rebuffed as the counsel objected to virtually all the questions put to his witness.

In the face-off that ensued, Justice Kolawole attempted to call the EFCC to order but the effort yielded no fruitful result while other lawyers expressed bitterness on the issue. These interjections got to the climax when the counsel openly challenged the court records which were severally read out to him by the judge to assuage his feelings.

However, when all effort to call the counsel to order to stop the interjection were rebuffed, Justice Kolawole informed the lawyer to conduct himself in manners expected of a legal practitioner which still yielded no fruitful result. At a point, the judge said he could no longer condone the conduct of EFCC in the trial and announced his withdrawal from the case.

Justice Kolawole accused the anti-graft agency of frustrating his court and desperately seeking to take over control of the court from him against the normal practice. He said that it was the duty of the court to allow a witness in a criminal trial to be cross-examined with questions contemplated by law adding that the display of apprehension by EFCC was unjust and uncalled for.