Justice Emeka Nwite of the Federal High Court, Abuja, has ruled that the suit filed by the EFCC against former Governor of Kogi state will continue before the court.
The Judge held that proceedings would continue despite the appeal filed by the defendant challenging the jurisdiction of the court at the Court of Appeal in Abuja.
At the resumed sitting counsel to the former Governor, Abdulwahab Mohammed SAN had told the court that they had filed an application for stay of proceedings on the case, pending the determination of the appeal before the Court of Appeal.
The appeal is against the arrest warrant earlier granted by the trial Court and other rulings.
He argued that the Court could not proceed on the matter until the pending appeal was determined, citing authorities.
However, counsel to the EFCC Kemi Pinhero, SAN, opposed the application , saying the defendant had not shown processes from the Court of Appeal that will make the lower court to stay proceeding.
The Defendant’s Counsel, Abdulwahab Mohammed, SAN, however told the court that the Judge was misled on the 27th of June and that the request was for the proceedings of that day to be expunged.
Mr Pinheiro, in his submission stated that one of the appeals sought to have the court stay further proceedings until the determination of the appeal.
He, noted that the judge was bound by his own rulings and, therefore, had the discretion to determine whether to proceed or not.
In his ruling, Justice Nwite said, “The grant of stay of proceedings is at the court’s discretion, and since it is an issue of discretion no one can give an authority for the judge to rely on. The judge only needs to exercise this power judicially.”
He also granted the application for withdrawal of the defendant’s Counsel, Abiola Adedipe, SAN, from the case and referred the matter of professional misconduct by the two defendants’ counsel to the Legal Practitioners Disciplinary Committee (LPDC) to conduct investigation on possible infractions.
Mr Pinhero however pleaded with the court to temper justice with mercy on Abiola Adedipe by varying its decision on the LPDC investigation in respect to him.
He says Mr Adedipe has always not approved the behavior of the defendant and has shown that by applying to withdraw from the suit.
The court adjourned till September 25 for arraignment for Yahaya Bello.
