By Ikechukwu Nnochiri
ABUJA—The Economic and Financial Crimes Commission, EFCC, Tuesday, asked Justice Olukayode Adeniyi of an Abuja High Court sitting at Apo to hands-off the criminal action it initiated against top officials of the National Gallery of Arts.

The anti-graft agency also insisted that it no longer felt comfortable allowing both its lawyer and witnesses to appear before that court in relation to the alleged N2.2bn fraud.

The former Director-General of the gallery, Chief Joe Musa, Director of Finance, Olusegun Ogunba, Director of Research and Education, Dr. Kweku Tandoh, and Deputy Director Administration of the Gallery, Mrs. Oparagu Elizabeth, are facing 14-count criminal charge bothering on alleged misappropriation, falsification of accounts and illegal diversion of funds belonging to the establishment.

The anti-graft agency had maintained that the alleged crime was perfected between August 2006 and April 2009.

At the resumed hearing of the case yesterday, EFCC lawyer, Sir Steve Odiase, told Presiding Justice Adeniyi that he was instructed to seek an immediate transfer of the case-file to the Chief Judge of the Federal Capital Territory, following subterranean moves by some undisclosed persons to assassinate him and some of the witnesses billed to testify in the matter.

Odiase, who came to court alongside two heavily armed mobile policemen, further informed the court that the latest threat message sent to his phone last night, read: “You still have the honourable option of opting out of Musa’s case now or accept the choice of preparing your funeral oration yourself and/or the possible extermination of your family. This is the final warning!”

According to him, “My Lord, I have been instructed by the EFCC authority to seek a possible transfer of this case to the Chief Judge, I had earlier informed this court of series of scary text massages sent to me and my witnesses.

“Just last night, they sent me another one, and I promptly reported it to the police and the director of operations in EFCC, Mr Steven Otitoju, and the matter is currently under investigation.”

“This was how they killed our forensic expert in Kaduna recently, we no longer feel protected in this court and therefore want the case-file transferred,” he added

However, Presiding Justice Adeniyi who was not persuaded by the averments of the prosecuting counsel refused to hands-off the case, maintaining that there was no basis for the anti-graft agency to seek withdrawal of the case-file from the court when there was no allegation of prejudice.

According to the Judge, “I will not concede to this request because there is no basis to seek the withdrawal of this case, if you are being threatened by anybody, then report it to the police or other relevant agencies and allow them to do their work while I do mine.

“Justice is a 3-way traffic, the accused persons were arraigned before this court on July 7, 2009, and since then the case has suffered series of adjournments at the instance of the prosecution.

“Their fundamental rights as enshrined in section 36(4) of the 1999 constitution must equally be respected. While I condemn in strong terms, such uncivilized threat to lives, I however don’t have time for politics and will therefore proceed with giving this matter the speedy trial it deserves,” the judge stated.

Meantime, the accused persons equally took-turn yesterday to plead the trial court to strike out the case for want of diligent prosecution, while dismissing the alleged threats as fallacious and frivolous.

They alleged that the prosecution was deliberately stalling their trial having repeatedly failed to produce the remaining witness, one Dr Henry Achubo to testify before the court. Further hearing on the matter was yesterday adjourned till January 20, 2011..