By: Lovins Yakubu, November 02, 2023
The case between Federal Republic of Nigeria (FRN) which is being prosecuted by Economic and Financial Crime Commission (EFCC) and Dr. Sunday O. Etukuduh, Provost Federal College of Medical Laboratory Science Technology (FSMLST) Jos and 5 others has suffered yet another adjournment.
The case which is for arraignment has taken almost two years and suffered over 3 adjournment as a result of none compliance with court order by the prosecution counsel for the EFCC to serve the defendants with all the processes including the amendment charge.
During submission when the case came up yesterday, counsel for Sunday Etukuduh or 1st Defendant, Barr. Uche Mgbemena told the court that the case which first came up on the 5th of July 2022 for arraignment could not hold over none service of the processes by the prosecution counsel and the matter was adjourned until 14th February, 2023 for lack of adequate service.
The Prosecution according to Counsel also failed to serve the processes on the defendants and the matter again, adjourned until 25th April 2023.
Counsel said that on the adjourned date, the Prosecution Counsel still failed to file the amended charge in addition to failing to serve the additional proof of evidence on the defendants.
Counsel further said, "I want my Lord to take judicial notice of the subsequent adjournment by the Prosecution despite the ruling of my Lord on three occasions that the prosecution serve the amended charge and proof of evidence on the defendants before the adjourned date"
He further lamented that the case which is for arraignment has taken that long and suffered series of adjournment simply because the prosecution counsel did not comply with court order.
Counsel further told the court that three of the five defendants were not leaving in Jos, explaining that the 2nd defendant lives in Port-Hacourt, while the 3rd and 4th defendants live in Abia and Lagos states respectively.
Counsel decried the rigor, stress they went through and the risk involved under the current economic hardships leading to increase in transport fares and other expenses.
He said the defendants have been traumatized on account of series adjournment and urged the court to adjourned the matter for definite arraignment or the matter be dismissed as the matter has been on for 8 years.
"This case started in 2015, Eight years now, and all that has happened is delayance by the prosecution.
"I urge my Lord to consider what the defendants have gone through; financially and the trauma they go through as well as the risks they took coming here with the level of insecurity in the country.
SS Obende Esq, Counsel for the 3rd and 6th Defendants also submitted that the prosecution counsel did not comply with the order of the court even at the last adjourned date on 8th June, 2023, "because my Lord went for a national assignment which has given the prosecution counsel enough time to serve the defendants.
"My lord, this is lukewarmness on the side of prosecution counsel. Again, today they are not in court and only for the prosecution counsel to call the court clerk to inform him that he will not be available instead of informing the court earlier.
"My Lord, this is an abuse to this honourable court and such behaviors should not be accommodated" Counsel submitted.
The matter was adjourned until February 5th 2023 for definite arraignment.
Speaking to journalists after session, Counsel for the 1st Defendant said that rather than prosecuting, the prosecutors were persecuting the defendants, which is not fair.
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