N2.1 billion deal: Raymond Dokpesi’s trial adjourned
– Dokpesi’s trial adjourned due to error of service
– The defense counsel says proof of evidence attached to the charge dated December 8, 2015 is not eligible
The trial of media mogul and owner of Daar Communications Limited, Raymod Dokpesi was today, March 2 adjourned by a Federal High Court in Abuja.
Raymond Dokpesi is alleged to have received about N2.1billion from the office of the national security adviser (NSA) for Peoples Democratic Party’s presidential media campaign.
On assumption of the trial, the judge, John Tsoho said that reassignment of the case by the Economic and Financial Crimes Commission (EFCC) against Dokpesi and a former head of service for the federation, Steve Oronsaye was an error.
READ ALSO: Chief Judge makes U-turn on Oronsaye, Dokpesi trials
Tsoho’s revelation came after the Dokpesi’s counsel, Wole Olanipekun sought court’s clearance on media report indicating that matters reassigned to has been returned to the chief judge of the Federal High Court, Ibrahim Auta.
Confirming, Tsoho said the case were returned because they were reassigned to him in error by the chief judge’s office.
He however said that Dokpesi’s case which was reassigned to him last month from the court of justice Gabriel Kolawole would continue in his court because the accused person has already taken his pleas before him.
He also added that Orosanye’s has been returned for another reassignment by the chief judge since he had not entered his pleas.
Continuing with the trial, Olanipekun told the court that an additional proof of evidence was filed by the prosecution.
He also added that he has not been served with the proof of evidence.
He said the prosecution rather served another counsel, Kanu Agabi who is senior advocate of Nigeria and on the of legal representatives of the defendants.
Olanipekun said his office had earlier applied for the proof of evidence and is yet to receive any.
Olanipekun said: “On the 17th of this month, I announced appearance for the leading defendants and I am not just appearing in the matter today, I cannot proceed in this matter that is connected with an additional proof of evidence”.
Citing paragrapgh 5 (1a) of the Federal High Court Criminal Trial Practice Direction 2013, he argued that the prosecution can only make file additional evidence through a formal application that must be brought to the court.
He also added that relief of the court can also be sought and obtained in that regard which was totally neglected in this matter.
The defense counsel also said that the proof of evidence attached to the charge dated December 8, 2015 was not eligible.
Replying to the points of law, the prosecuting counsel, Rotimi Jacobs objected that the defense argument is misplaced.
Jacobs said that the defense has about five senior advocates on its team and it is professionally and legally right to serve any of them.
He also said that the attempts were not made to challenge the legality of the additional evidences by the defense rather the defendant has referred to direction of a practice that cannot override the specific legislation governing the Administration of Criminal Justice in Nigeria.
READ ALSO: N2.1 billion deal: Raymond Dokpesi takes fresh pleas
He added that Section 379 of the Administration of Criminal Justice Act made adequate provision to the filing of additional proof of evidence as Section 380 is also
applicable to charges.
He further urged the court not to be persuaded by the reference to practice direction made.
After all arguments both the defense and the prosecution agreed on ways to sought out issues on clarity of the witness statement.
The judge further adjourned the matter to Thursday and Friday, April 28 and 29 for trial.
Raymond Dokpesi, being investigated by the Economic and Financial Crimes Commission (EFCC) in connection with the ongoing investigation into arms procurement by the office of the national security adviser during the Goodluck Jonathan administration.
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