N5.2bn scam: Court refuses to hands-off trial of Elumelu, Ugbane

 By Ikechukwu Nnochiri

ABUJA— Justice Adebukola Banjoko of an Abuja high court sitting in Gudu, yesterday, refused to hands-off the criminal case initiated before her by the Economic and Financial Crimes Commission, EFCC, against the former House Committee Chairman on Power, Hon. Ndudi Elumelu and his two-senate counterparts, Sen. Nicholas Yahaya Ugbane and Sen. Jibo Mohammed, describing separate applications they filed before her as lacking in merit.

The lawmakers had in their various applications, pleaded with Justice Banjoko to stay the on-going criminal proceeding against them pending the hearing and determination of separate appeals they lodged at the Abuja division of the Court of Appeal.

They had relied on the provisions of section 318 of the 1999 Constitution, to insist that the onus was on the trial Judge to preserve the ‘Res’ of their criminal case by allowing the appellate court to take over the case file.

Elumelu, who argued the application through his counsel, Mr. Patrick Ikwueato, SAN, further contended that the principle of judicial hierarchy made it imperative for the trial judge to step aside since a higher court is already seized of the facts of the case.

He went ahead to attach a notice of appeal as evidence to prove that his appeal was duly entered at the higher court’s registry.

Ruling on the applications yesterday, Justice Banjoko who ordered the EFCC to go ahead and call its witnesses against the accused persons, maintained that the applicants failed to disclose exceptional circumstances to warrant the exercise of her discretion to their favour.