N29bn fraud allegation: Court declines recognition of Nyako’s new counsel

The Federal High Court sitting in Abuja on Wednesday, declined recognition of a new counsel, insisting that Kanu Agabi (SAN) is the counsel on record, representing former Governor Muritala Nyako of Adamawa, who  is standing trial  on allegation of N29 billion money laundering.

The trial judge, Justice Okon Abang, in a brief ruling after the announcement of Okon Efut as the new counsel to Nyako and his co-defendants, to which the prosecutor, Rotimi Jacobs, (SAN) raised an objection, noted that although it was the right of defendants to engage a counsel of their choice, saying that before Efut announced his appearance for the defendants, Agabi had not applied to withdraw from the matter.

Justice Abang had declared: “The court has not granted Agabi leave to withdraw from the matter and he has not given the court the three days’ notice required by law for counsel wishing to withdraw appearance from a case.

“The provisions of Section 349 (7) and (8) were not put in  the Administration of Criminal Justice Act (ACJA) for fun or decoration, they are to provide speedy dispensation of justice and effective criminal case management.

“The court is not saying that defendants cannot brief a new counsel but that Agabi must comply with the law before the court can recognise a new counsel.

“So, the court still recognises Agabi as the counsel of the first set of defendants.”

Justice Abang noted that the defendants is not acting in good faith, and is not treating the court fairly and taking the court’s desire to give justice as weakness; but  the court is not weak”.

Efut had announced his appearance as the new counsel to Nyako as soon as the case was called in court. He said that he has been briefed to take over the matter on Tuesday at 8.00pm. Efut sought an an adjournment to enable him study the case file in order to effectively defend his clients.

Efut told the court that he had practiced law at Agabi’s chambers but left in 2011 to set up his private practice.

He urged the court to accept his argument and exercise its discretion on the constitutional side of fair hearing.

The prosecuting counsel, Rotimi Jacobs, (SAN), opposed the application for adjournment on the grounds that Efut was a lawyer at the law firm of Agabi.

Jacobs declared: “My colleague cannot say he is coming in as a new counsel in the true sense of the word. He cannot say it is a different lawyer who does not know anything about this case.

“Even if he is coming in as a new counsel, provisions of ACJA are not there for fun.

“We have lost eight clear days on account of their adjournment from the time the Court of Appeal upheld the trial court’s ruling as they have been dragging their feet since then.”

He accused the defendants of using the excuse of engaging a new counsel to frustrate and delay the trial.

Jacobs prayed the court to ask the defendants to enter their defence as they had exhausted the time permitted by law for them to have another adjournment.

Justice Abang adjourned the matter until Nov. 30.

He advised the defendants to take advantage of the adjournment and put their house in order so as to avoid “the devastating consequences” that could arise if the further undermine the court.