Uzodinma’s trial: Court sacks panel’s lawyer, okays AGF

The Federal High Court in Abuja on Tuesday ordered the Special Presidential Investigation Panel for the Recovery of Public Property, led by Mr Okoi Obono-Obla, to immediately hand over the case involving Senator Hope Uzodinma to the Office of the Attorney-General of the Federation.

Uzodinma, who is the governorship candidate of the All Progressives Congress in Imo State in the last election, appeared in court for the first time and after numerous adjournments caused by his repeated absence.

Justice Okon Abang made the order transferring the prosecution of the case to the AGF office, following about one hour argument between the SPIRPP’s prosecuting counsel, Dr Celcius Ukpong, who filed the two counts on behalf of the panel, and Mr Pius Akutah, a lawyer from the office of the AGF.

The judge ruled, “In the final analysis, the Attorney-General of the Federation or any officer in his office, in this case, P. U Akutah, by virtue of Section 174 of the 1999 Constitution (as amended), shall take over proceedings in this case.

“The Special Presidential Investigation Panel for the Recovery of Public Property shall submit to the authority of the Attorney-General of the Federation or any officer in his office.”

Ukpong, a chief legal officer with the SPIRPP, had on July 4, 2018 filed the two counts against Uzodinma, accusing him of failing to declare his assets to the SPIRPP contrary to and punishable under Section 3 (3) (1) (a) of the Recovery of Public Property (Special Provision) Act 2004.

Opposing Akutah’s application for the AGF’s office to take over the case, Ukpong insisted the taking over could only happen after the defendant had pleaded to the charges.

Asked by the judge to cite any authority to support that point, Ukpong referred to Section 396(1) and (2) of the Administration of Criminal Justice Act, 2015, which the judge eventually ruled was irrelevant.

He added that Akutah was a stranger to the case.

Ukpong also said the lawyer failed to present any document showing he had the authority of the AGF, Mr Abubakar Malami, to take over proceedings.

In his response, Akutah argued that by virtue of Section 174(1) and (2) of the Nigerian Constitution, the AGF or any officer in the chief law officer’s office could take over criminal proceedings including the ones instituted by any other authority on the basis of offences created by the Act of the National Assembly at any stage of the proceedings.

He also cited Section 105(3) of the Administration of Criminal Justice Act to back his argument.

He added that a judgement of the Abuja Division of the Court of Appeal in the appeal marked CA/A/278/2018 had held that the SPIRPP had no powers to initiate court proceedings by virtue of the law which set it up.

“The AGF has directed that I take over the prosecution of this case as the panel which instituted it clearly has no powers by the law setting it up to commence the proceedings,” he said.

He urged the judge to order that the case to be handed over to the AGF.

Ruling, Justice Abang noted that it was clear from the records that Ukpong had stated that he filed the charges on behalf of the AGF.

He added, “It is clear that the two counts filed in this matter by the Special Presidential Investigation Panel for the Recovery of Public Property were filed on behalf of the AGF.

“The charges having been filed on behalf of the AGF, the AGF under Section 174 of the Constitution has the power to take over the case at any stage of the proceedings.”

He said that contrary to Ukpong’s contention, no formal letter by the AGF was required to nominate Akutah to take over the case.

He subsequently ordered the SPIRPP, represented in court by Ukpong, to hand over the case to the AGF office.

The judge then adjourned till June 3.

Uzodinma’s presence in court averted an arrest warrant which the court threatened to issue should he continue to stay away from court. Punch