Nnamani, Aides Challenge Legality Of Arraignment In Court

By Eric Ikhilae, Lagos - 08.03.2008

Former Enugu State Governor. Dr. Chimaroke Nnamani, has succeeded in frustrating attempts by the Economic and Financial Crimes Commission (EFCC) to re-arraign him on a new criminal charge as he challenged the legality of the charge, thus preventing the planned arraignment.

The ex-governor was until last December subjected to criminal trial along with some of his former aides and companies on allegations of diversion of public funds and money laundering.

The Commission, however, brought the trial to an abrupt end when it informed the court, presided over by Justice Peter Olayiwola, of its intention to discontinue with the matter. The court accordingly struck out the said charge.

The Commission subsequently filed an amended charge against the ex-governor and more people, including three of his former commissioners, and planned to re-arraign them early this year.

The new charge before Justice Tijani Abubakar, according to EFCC counsel, was meant to prevent unnecessary dissipation of effort by parties in dealing with separate but similar cases.

To prevent the recommencement of his trial, Nnamani has applied to the court to dismiss the charges on the ground that it constituted an abuse of court’s process.

At the hearing of the matter on Friday, defence lawyer, Chief Wole Olanipekun (SAN), claimed that a similar charge was still pending against the same people before Justice Olayiwola.

According to him, the existence of two charges on the same facts and against the same party was enough reason to nullify the latter case.

He argued that the fact that the said case was not being pursued by the prosecution does vitiate the fact of its subsistence. He further prayed the court to throw out the charge.

Justice Abubakar has adjourned till 4th April for the defence to reply.