Failure of the Economic and Financial Crimes Commission, EFCC, to produce its witnesses in court stalled the trial of ex-president Goodluck Jonathan’s cousin, Robert Azibaola and his wife, Stella yesterday.
The two are being tried on a seven-count charge by the EFCC over a $40 million contract scam.
At the resumed sitting on the case, EFCC lawyer, Mr. Francis Jirbo, told trial Justice Nnamdi Dimgba that the prosecution was having difficulties calling witnesses in the order it intended.
Jirbo asked the court to grant the anti-graft agency one more indulgence to enable it get its witnesses.
“My lord, we seek the court’s indulgence to enable the prosecution make the last independent effort to get its witnesses to court in the manner and sequence it intended,” he pleaded.
It is recalled that a similar scenario played out on January 30 which was the last adjourned date.
EFCC had earlier informed the court that it would call six more witnesses against the defendants, adding that three of them were operatives that investigated the matter.
At the resumed sitting on Monday, Justice Dimgba queried why the prosecution failed to produce the three EFCC operatives to give their testimonies while it awaits the other witnesses.
Jirbo insisted that calling the operatives at this stage of the trial would disrupt the sequence which the prosecution wishes to conduct its case.
“We do not want to call our witnesses in a haphazard manner. We have sequence and how we want the evidence to flow. We do not just want to call anybody. We want the court to give us the last to produce our next witness”, EFCC lawyer added.
Meanwhile, the defence lawyer, Mr. Goddy Uche, SAN, who did not object to the request for an adjournment, however, noted that the prosecution has only called four out of 10 proposed witnesses.
He stated that the defendants were anxious for a speedy determination of the case in order to clear their names which they said the EFCC has tarnished.
“If, by the next adjourned date the defence is not able to present its witnesses, we shall be constrained to apply that this charge be struck out,” Uche said.
While, adjourning the case to April 27 Justice Dimgba warned that the prosecution should concentrate on leading evidence to sufficiently prove its allegation against the defendants instead of focusing on the sequence in which it will presents its witnesses.
It would recall that Azibaola was arrested on March 23, 2016, and subsequently arraigned before the court after he had spent 90 days in EFCC custody.
