Justice Okong Abang of the Federal High Court, Abuja on Friday September 27, 2019, fixed September 30, 2019 to rule on whether the trial of former governor of Benue State, Mr Suswan and his commissioner of Finance, Omodachi Okolobia, should start afresh in his court or be returned to the former court for continuation.
According to the commission, Mr Suswan and Okolobia are facing nine-count charges that verge on money laundering and diversion of funds, preferred against them by the Economic and Financial Crimes Commission, EFCC.
The Commission had in November 2015, arraigned the defendants before Justice A. R. Mohammed of the Federal High Court, Abuja on the same charges and had presented four witnesses before the court.
The matter was to continue after the vacation by the judiciary, however, both the prosecution and defence teams were informed of Justice Mohammed’s withdrawal from the case through a hearing notice from Justice Abang’s court.
The defendants were to take their pleas on September 24, 2019, but could not as the defence team opposed the application.
Counsel to Mr Suswan, C.E. Ogbozor, at the resumed sitting on Friday, September 27, 2019, urged the court to decline jurisdiction and return the case file to the Honourable Acting Chief Judge of the Federal High Court.
Ogbozor told the court that she was not aware of Justice Mohammed’s disqualification of himself from conducting the trial, adding that it amounted to a breach of the right of fair hearing, should an order of transfer of charges be made by Justice Muhammed without the notice of the defendants.
She argued that the prosecution had called four witnesses, cannot be allowed to commence de novo.
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He referred to Section 1, 98, 99 and 396(7) of the Administration of Criminal Justice Act, where if a case has been partly heard, cannot start de novo, stating that the only exception was when a trial judge ceases to hold office by the act of law or act of God.