A Federal High Court in Lagos on Tuesday struck out an application filed by the EFCC to transfer the case against former governor of Enugu State, Chimaroke Nnamani, to another judge.
The EFCC had in a letter dated June 27, 2011, said that the commission was compelled? to ask for the transfer because? of certain comments and conducts by Justice Charles Archibong .
The Commission, in the letter addressed to the Chief Judge of the Federal High Court, said that such comments would be believed to be prejudicial to the case.
EFCC is prosecuting Nnamani and 11 others on an amended 124-count charge based on allegations of laundering about N5.4 billion of state funds between 2003 and 2007.
Joined in the suit are the former state Commissioner for Finance, Peter Mbah, former Commissioner for Local Government and Chieftaincy Matters, Sam Ejiofor and a consultant to the state government, Victor Udeh.?
Six firms, allegedly linked to the ex-governor, which are also being prosecuted are Rainbow net Nigeria Ltd, Hill gate Nigeria Ltd, Cosmos FM, Capital City Automobile Nigeria Ltd, Renaissance University Teaching Hospital and Mea Mater Elizabeth High School.
At the resumed hearing of the case on Tuesday, counsel to the EFCC, Mr Kelvin Uzozie, asked the court for a short adjournment to enable him conclude some discussions he had with the defence.
He said that what they were discussing was a matter that could not be said in the open court.
Counsel for the Defence, Mr Ricky Tarfa (SAN), confirmed to the court that both parties were trying to sort out some things.
Archibong, however, said that he wondered what the prosecution was sorting out with the defence, when it had a pending letter seeking the transfer of the trial to another judge.
The Judge struck out the application for transfer, after both the prosecution and the defence counsel agreed that it should be struck out.
“The court cannot be scandalised while you are waiting to sort out things. The application is hereby struck out and the case adjourned to April 4, for trial,’’ he said.
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