Court orders counsel to “fish out’’ absentee defendant
NAN-H-71
Order
By Veronica Dariya
Abuja, March 21, 2017 (NAN) An FCT High Court Kubwa, on Tuesday ordered a defendant’s counsel, Mr Tony Esiegbu, to `fish out’ his client, Mrs Victoria Adelana, from her hideout.
The judge, Justice Kezziah Ogbonnaya, in her ruling ordered the counsel to ensure that the defendant was present in court at the next adjourned date, since she was no longer in the hospital.
She said: “No doubt, this matter has been delayed by the absence of the first defendant, even when other defendants involved in the matter have continued to come to court.
“This is the very last time this court would adjourn this matter with respect to the absence of the defendant.
“Since she is out of hospital and on bed rest, counsel to the defendant must fish out the defendant through members of her family, on or before April 7 and ensure she is present in court at the next adjourned date.
“Counsel must bring her to court even if it is on wheel chair; she must appear so that the court can ascertain her condition.”
The judge also said that if the hospital disagrees, counsel to the defendant should approach the court for an order for the hospital to release the defendant, adding that she was willing to grant such an order.
Ogbonnaya also said that the prosecution must ensure that the two other defendants who were not present in court were notified of the next adjourned date.
She adjourned the case till April 12 for the arraignment of the defendants.
The defendant, alongside co-defendants, Adewole Olugbenga, Patrick Ojo, Jeremiah Akpan, Olufemi Olumoko and Ezechi Nwabugo, are to be arraigned by the EFCC on an amended 24-count-charge.
The charges border on criminal conspiracy and fraud.
Earlier, Mrs Diane Nkwap, the prosecuting counsel, had told the court that the defendant’s counsel gave her a letter from Abuja Teaching Hospital, that the defendant had been on admission from March 10 to March13.
She said that in the letter, the defendant was placed on “strict bed rest”, adding that she also received an “excuse duty” certificate from the same hospital in respect of the defendant.
Nkwap also said that Adelana, was said to have relapsed in health while standing trial in another court recently and was rushed to the hospital.
“When we went to verify, we were told at the hospital that we needed to get the exact ward she is in as the hospital was too big.
“When her lawyer contacted her family and got back to us, he said she had been discharged,” Nkwap said.
The prosecuting counsel noted that the matter was filed in court in 2015 and while other defendants had continued to appear in court, Adelana had continued to stall the matter.
She, therefore, asked the court to order the defendant to be present in court on the next adjourned date, adding that being the first defendant, Adelana’s presence was paramount to the case.
In his defence, Mr Tony Esiegbu, counsel to Adelana, told the court that he had made several efforts through members of the defendant’s family to ensure that the defendant appeared in court to no avail.
According to him, they continued to insist that the doctor said she should rest and not be disturbed and that he did not know her location.
Esiegbu, however, prayed the court to give him two weeks to ascertain her whereabouts. (NAN)
DVK /HAS/OU
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Edited By Hajia Sani/Obike Ukoh
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