The Audu, Ozekhome connection: A question asked for too long

“Nobody should go about saying audu stole kogi state funds, but his trial on the merit is also important.”

Lawyer to Abubakar Audu, Mr Mike Ozekhome SAN who was kidnapped days back is still being held in captivity. Take it or leave it, crimes like this strive well where corruption is rampant.

You would recall the role the SAN played since Audu’s arraignment before a Kogi State High Court on 1^st December, 2006, on an 80 counts of conspiracy, fraud, criminal breach of trust and embezzlement of public fund of over N4 Billion.

Ozekhome had filed several applications in the case, an act that most legal minds saw as an effort to frustrate the trial of Audu on merit.

The opportunity to properly frustrate the trial came the SAN’s way on 8^th February, 2007 when the Prosecution applied to discontinue the trial to enable it file another charge in an appropriate court since two charges cannot concurrently exist over the same crime, this was also more because the prosecution entertained fear of getting justice before the court. But Ozekhome, a Lawyer who was better seen as an activist and an anti-corruption crusader surprised many when he capitalized on the harmless application to enter a nolle. He vehemently opposed the application and asked for a stay of proceedings pending the determination of his opposition.

Mr. Justice Medupin in his wisdom referred the case to the Court of Appeal for determination, an act that legal minds have also questioned.

Ozekhome and Audu in court

Undoubtedly, the Court of Appeal ruled against the defence but Ozekhome, in a bid to ensure that the case will never be heard on the merit appealed further to the Supreme Court, of course, the case cannot be heard while the appeal is pending.

The Supreme Court frowned at the whole process and queried the Court of Appeal for even listening to an obviously bad question from the beginning.

After series of frustration, the prosecution was only able to file a charge before the High Court of FCT where parts of the offence is said to have been committed on 18^th March, 2013. In essence, since 1^st December 2006 till 18^th March 2013, all that has been done in the case is to withdraw a charge and file another one. A period of six years, three months is too much a time to use in determining if the Attorney General can discontinue a criminal proceeding, perhaps, you can see section 211(1)(c) of CFRN 1999 to see how ridiculous this question is. No thanks to Ozekhome.

Nobody should go about saying Audu stole Kogi State funds, but his trial on the merit is also important.

As we pray for the release of the SAN, it is important that we look inwards in everything we do in Nigeria because we are all victims of this monster called corruption.

AS YOU HAVE YOUR SAY, PLEASE NOT THAT THE ABOVE DOES NOT NECESSARILY REFLECT THE VIEWS OF IGALA PLACE.