Justice A. A. Okeke of the Federal High Court sitting in
Uyo, Akwa Ibom State, on Monday, June 17, 2019, granted an application made by
the Economic and Financial Crimes Commission, EFCC, for the arrest of a serving
Senator, Albert Bassey popularly known as OBA, compelling him to appear in
court and face the money laundering charges preferred against him by the
Commission.
The serving Senator, according to his counsel Barrister
Samuel Ikpo, failed to appear in court because he was not served a copy of the
charge. Ikpo also added that he was instructed by his client, to appear in
court and receive the charge on his behalf.
However, the prosecution through its counsel, Mohammed
Sadisu Abubakar gave detail account the court on efforts made by the Commission
to serve the lawmaker.
"My lord, since the filling of the charge, the
prosecution has made frantic efforts to serve the suspect the charge but all
our efforts proved abortive, as the suspect, who has been on administrative
bail granted him by the EFCC has jumped bail. The Investigating Officer,
Osatuyi Ayodele, also placed a call to him on June 6, 2019, inviting him to the
office so as to be served the charge, but the Lawmaker failed to show up after
he promised that he would.
“One of his (Senator Bassy) lawyer, Ini Utuk, was also
contacted on June 7, 2019, but equally failed to show up, after promising to do
so. Till this moment My lord, the suspect has failed, to honour the terms of
his administrative bail which is to always make himself available.
“In the circumstances my lord, I humbly apply, pursuant to
Section 113 and 114 of the Administration of Criminal Justice Act for this
honourable court to issue a warrant for the arrest of the suspect and to
produce him before this honourable court", Abubakar said.
But the defense counsel however argued that the charge be
given to him since the matter was coming up for the first time before the court
and that the suspect was not served the copy of the charge. "The defendant
was sworn in last week in Abuja as a Senator. I respectfully apply that the
charge be given to me to hand over to him", said Ikpo.
Responding on point of law, the EFCC counsel countered the
argument of the defence, as he hinged his argued on the provisions of Section
114 of the Administration of Criminal Justice Act.
He said, "My lord, Section 114 of the ACJA provides
that the court can issue an order for the first time, depending on the nature
and circumstances of the case and the nature and circumstances of this case
gives rise for the issuance of a bench warrant. This is a criminal matter and
there is no provision in ACJA 2015 to serve a charge through counsel in respect
of a suspect who has not appeared before the court. My lord, I urge you to
discountenance the submissions of the defence counsel", Abubakar argued.
After listening to both sides, Justice Okeke upheld the
arguments of the prosecution. "Section 114 of the ACJA is instructive on
this issue. The court can issue a warrant on the first day depending on the
circumstances and nature of the case. One should lead by example and to whom
much is given, much is expected.
“Where the defendant found it necessary to attend a
legislative function, he should also find it obligatory to honour invitations
by law enforcement agencies. Justice is for all in the temple of justice and if
there is any application to be granted in the interest of justice, it should be
the application made by the prosecution. The court therefore grants the
application and consequently issue a bench warrant against the defendant for
his production in this court on the next adjourned date", the court ruled.
The matter was thereafter adjourned to June 24, 2019, for
arraignment. Senator Albert Bassey is the senator representing Akwa Ibom
North-East Senatorial district in the Upper Chamber.
