By Innocent Anaba
LAGOS — The arraignment of Fidelis Anosike and his brother, Noel, before a Federal High Court sitting in Lagos, for criminal conspiracy, was yesterday, stalled, following a valedictory session held in honour of Justice Akinjide Ajakaiye, who retired from the bench of the court.

The Federal Government, recently filed a criminal charge against the  Anosikes and their company, Folio Communications Ltd, one Nicholas Okoye and Gogo Kurubo.

The matter has, however, been adjourned till  January 25, 2010.
The accused persons were slammed with a 21-count charge of conspiracy and stealing of over N3 billion worth of properties belonging to Daily Times of Nigeria.

At the last sitting of the court, trial judge in the matter, Justice Pat Ajoku,  refused to grant the request of the Attorney General of the Federation and Minister of Justice, Mr. Mohammed Adoke, SAN,  to withdraw the charges filed against the accused persons.

The court had held  that while it is true that the AGF has power to withdraw a criminal charge against any person under Section 174 (1 and 2) of the 1999 Constitution, that power under subsection3, must be exercised in public interest and to prevent abuse of legal powers.

Citing the case of Ilori vs Ilori to buttress her point, the judge stated that anytime the AGF decides to exercise his power under Section 174 (1, 2 & 3) of the Constitution, it must be done in his person, through writing or through officers in his department.

The had wondered why the AGF, who his prosecuting a case would refuse to work with the
complainant. “ I have observed that the complainant is on his own. Instead of the AGF to work with him, it appears that he is be abandoned,” the court had said.

Folio Communications Ltd, Fidelis Anosike and Noel Anosike, according to the charge filed against them, were said to have sometimes in June 2004 conspired among themselves to obtain about 140,252,900 shares units which comprised about 56 per cent out of the total of 233,754,840 shares of Daily Times of Nigeria Plc valued at the sum of N750million acquired from the Bureau of Public Enterprise, BPE,  by false pretence and with representation of possessing the means to pay for the acquisition of same with fresh funds which they did not