Justice M.G. Umar of the Federal High Court in Benin City, has fixed March 26, 2020 for the ruling on applications that challenged the competency of the count charges raised against them by the Economic and Financial Crimes Commission (EFCC).
The applications were filed by former Peoples Democratic party governorship candidate in Edo state, Pastor Osagie Ize-Iyamu, the state PDP Chairman, Chief Dan Orbih, former Deputy Governor, Mr, Lucky Imasuen, former member of the House of Representatives, and Tony Azegbemi and Efe Anthony.
The EFCC had in 2016 file eight-count charges against them bordering on alleged illegal receipt of public funds (N700 million) for the purpose of the 2015 general election, contrary to the provisions of the EFCC Act and the Money Laundering (Prohibition) Act.
Further, it accused the defendants of conspiring among themselves to commit the offence in March, 2015, alleging that they took possession and control of the funds without any contract award.
But Monday in Benin City, counsels to the five defendants, Ferdinand Orbih SAN, Kingsley Obamogie Esq, Pascal Ugbome Esq, Prof. O.G Izevbuwa Esq, Ikhide Ehighalua Esq, after adopting their writing addresses, urged the court to strike out the charges against the defendants on the ground that it was incompetent.
According to the counsels, the Prosecutioner’s reply to their addresses was in gross valuation of the Legal Practitioners Act, Rule 10 (1), (2) (3) of the Rules for Professional conduct of legal practitioners, and averred that the court lacks jurisdiction to entertain the case because the Petitioner’s reply was filed out of time.
Ferdinand Orbih argued that EFCC should have amended their charges against the defendants by removing Late Chief Tony Anenih’s name from the charges saying the late politician was irrelevant to the substance of the case.
This though was objected by Larry Aso Esq, who while adopting his written address urged the court to uphold his argument, insisting that the late Chief Anenih was never charged by EFCC.
Further, Aso contended that the court should not have listened to the argument of the defendants as the court can only have jurisdiction over the defendants after they have taken the pleads.
However, counsel to the defendant, Ferdinand Orbih’s attempt to move oral application for change of surety for his client, was vehemently opposed by counsel to EFCC.
