By Mike Oboh
The arraignment of former Aviation Minster, Stella Oduah, on Monday could not continue before the Federal High Court sitting in Abuja because of the disclosure that a letter from the Office of the Attorney-General of the Federation to the Economic and Financial Crimes Commission had called for review of the case.
Oduah, Gloria Odita, Nwobu Emmanuel Nnamdi, Chukuma Irene Chinyere, Global Offshore and Marine Limited; Crystal Television Limited, Sobora International Limited and another, were about to plead guilty or not to a 25 count charge bordering on fraud and financial misappropriation before one of their lawyers, Oguh James Onoja, raised an objection in open court.
According to him, a petition was written to AGF in which there was a complaint that the defendants were been persecuted.
Onoja contended that the EFCC had refused to return the case file to the AGF as requested by his office.
Onoja then presented the letter to the judge.
“My lord, we are of the strongest view that plea cannot be taken on this matter.
“There was a petition written to the Attorney General of the Federation which is a complain made against this prosecution because we found out that this trial was a persecution and we got a response from the AGF.
“The AGF requested for the file and up till now, the EFCC has refused to send the case file to the AGF.
“This case is a matter of persecution and is not a prosecution.
” Based on that, we have the objection that this plea cannot be taken.
“I have a certified true copy of the letter from the AGF written to the EFCC,” he said.
On his part, the EFCC lawyer, U. Uket contended that even though he was just seeing the letter, a petition does not stop a plea from being taken.
He added: “The AGF has powers to intervene, continue or discontinue a case.
But presiding judge Inyang Ekwo, observed that a constitutional issue has been raised and he was not going to deal with it “summarily.”
Instead of the plea being taken, the judge rather adjourned the matter for adoption of written address.
“Upon this matter coming up for plea today, the attention of this court has been drawn to a letter from the Chambers of AGF, dated February 4 and written to the acting chairman of the EFCC requiring that the file of this matter to be remitted to the AGF for a review of this case.
“I have heard the arguments from lawyers.
“I am not going to treat this matter lightly.
“Therefore I make an order that the prosecution shall file and serve a written address on this matter within 30 days, which will be limited to 15 pages.
“Learned counsel of the seventh defendant are to file a response.
“I will also order the the other learned counsels file written addresses upon been served by the prosecution.
“Now, upon that being done, I will then make an order to adjourn this matter for adoption of written address.
“The defendant shall continue on administrative bail until this issue is resolve.
“Case adjourned to 10 February 2022 for adoption,” he said.
Recall that Oduah had decamped from the People’s Democratic Party to the All Progressives Congress.