Judge decries sloppy management of applications by counsel

Justice Nathaniel Ayo-Emmanuel of the Federal High Court, Ibadan, hearing three of the seven alleged fraud cases involving mutilated currency on Monday chided counsel over the sloppy management of applications.

The News Agency of Nigeria (NAN) reports that Ayo-Emmanuel registered his displeasure after being forced to adjourn the three cases before him to July 7.

"The attitude to delay proceedings by filing and serving late or on the day of sitting must be condemned. I do not like processes being filed in court when I am sitting. If they are not before me before I come to the open court, I won’t take them because I need to go through them.

"The adjournment to July 7 is for hearing all pending applications and, therefore, each counsel are to regularise their positions before then,” he said.

Earlier, Mr Rotimi Jacobs (SAN), Counsel to the Economic and Financial Crimes Commission (EFCC), had complained of receiving an application in court from Mr Olalekan Ojo, Counsel to two of the five defendants.

However, Jacobs’ attempt to argue the written address and application for stay of proceeding filed by Ojo was denied by the judge.

"I won’t take oral arguments,” Ayo-Emmanuel said.

Thereafter, Jacobs criticised the antics of Ojo to delay trial.

"I am taken aback by the attitude of counsel to delay trial when they should be more concerned with their clients being remanded.

"In any case, we would have to go over his application and promise to serve him our reply today so that we can come back tomorrow,” Jacobs said.

In his response, Ojo wondered how he could have missed serving the prosecution, having served other counsel in the matter.

"My colleague told me he executed service on the prosecution, but if the prosecution is now saying he has not been served, then we would serve him now.

"It is not usual for counsel to acknowledge receipt of processes by signing; it is done on honour. However, we have learnt our lessons,” Ojo said.

He, however, apologised to the court for the mix up, and prayed that the prosecution would forward his counter affidavit in good time for him to reply.

NAN reports that the same scenario had played out during the two other related suits.

NAN recalls that Ayo-Emmanuel is hearing three suits; the first involving three CBN staff and two others.

The three CBN staff includes Kolawole Babalola, Olaniran Adeola and Togun Philip, while the two others are Salami Ibrahim and Oddiah Emmanuel.

The second suit involves six CBN staff, namely: Patience Eye, Afolabi Johnson, Ilori Sunday, Kolawole Babalola, Olaniran Adeola and Fatai Yusuf.

Also facing trial in the third suit are Kolawole Babalola, Olaniran Adeola, Togun Philip of the CBN and one other, Tope Akintade.

The EFCC had arraigned 22 bank officials, including seven CBN staff over alleged involvement in an eight billion naira fraud spanning five years from 2009 to 2014.

According to the prosecution, the CBN staff and others from six commercial banks conspired to defraud the CBN by putting back into circulation mutilated currency that is designated for destruction.

It was said that the activities of the defendants caused adversity to the economy and thereby constituted offences against the Federal Republic of Nigeria.