Dikko: Court Threatens To Strike Out Case If ICPC Is Not Serious

The Federal High Court adjourned the hearing of motions for and against the
Comptroller General of the Nigeria Customs Service (NCS), Abdullahi Inde Dikko, till May 6.

The Independent Corrupt Practices(ICPC) and other related offences Commission are prosecuting Dikko and two others for alleged fraud to the tune of 1.1 billion naira.

A former Assistant Comptroller-General of Customs in charge of Finance, Administration and Technical Services, Garba Makarfi and Umar Hussaini, a lawyer and owner of Capital Law firm are the second and third defendants.

Justice Ifeoma Ojukwu, who presided over the matter on Monday, was not happy that the prosecution failed to follow the directive of her earlier ruling on the bench warrant for the arrest of Dikko.

The trial court had ordered a bench warrant on February 17, for the arrest of the NCS former boss, following his absence in court to defend the charges against him, but added that the prosecution should verify if Dikko was actually at a hospital in London as claimed by his counsel.

Ebenezar Shogunle represented the prosecution, while Chief Solomon Akuma (SAN) represented the first defendant.

Wilson Okion, represented the second defendant, Amaobi Nzelu represented the third defendant.

But Shogunle told the court to adjourn the trial pending when Dikko returns to the country from London.

“On the last adjourned date, this court issued a bench warrant with respect to the first defendant; the court also directed that the prosecution should verify the location of the first defendant.

“My Lord, we can confirm sir, that the first defendant left Nigeria on the 14 of February, 3 days before the sitting of court and his destination was Dubai and currently, the first defendant is reported to be in London.

“In the circumstances my Lord, we will be applying that the lordship extend the duration of the bench warrant such that any time he returns to Nigeria, the warrant will be executed and he will be prosecuted in court,” he added.

But Ojukwu objected, adding that the court was for serious business, she also said that the prosecution has not given her any time line in his plea for adjournment.

“If you don’t want to go on with this matter, I will strike out this charge.

“Whenever you are ready to produce the first defendant, then you rearraign him,” she said.

But the prosecution counsel told the judge that he was determined to follow up on the matter going by his presence in court.

He further prayed the court not to strike out his application, adding that they had already contacted the international police concerning Dikko.

“We had sought the assistance of the international police but the reason they gave was that they needed the valid charge against him.

“My Lord, we ask for a new date, if we are not able to present the first defendant, then you can strike it out,” he added.

Justice Ojukwu then asked the prosecution counsel to provide the evidence of his claim about Interpol, but the prosecution said that he didn’t have it in court.

“I can only work with evidence,” she responded.

Justice Ojukwu further said that what she wanted was for the prosecution to verify from the hospital the defendant claimed to be, not Interpol.

The prosecution also reminded the judge that Dikko was in Nigeria when she gave the ruling for his arrest.

Ojukwu further asked him to provide the evidence that Dikko was in the country when she gave her ruling, but the counsel said he was not with it in court.

The prosecution counsel then told the judge to give him one week to either produce his evidence or withdraw the charge.

But Dikko’s lawyer, Akuma objected and told the judge to dismiss his plea on the grounds that the prosecution had disobeyed the directive of the court.

“At least, the prosecution has confirmed that the first defendant was in London, but he has not confirmed whether he is at the hospital.

“The prosecution has failed to do a thorough investigation as per the earlier ruling you gave,” he said.

He also said that the issue of Interpol was strange to him.

“In a nutshell,we object to the extension of the bench warrant,” he said.

The judge asked Akuma if he knew when Dikko would be available for arraignment.

He said he could not give a date except when he finds out from Dikko’s physician regarding the state of affairs.

“If the prosecution cannot investigate the veracity of the medical report of the first defendant within one week, he should withdraw the charge and we should be allowed to move our motion,” Akuma continued.

He said that his motion dated 29 November, 2019, is praying the court to set aside ICPC’s charge or strike it out.

Ojukwu then asked the prosecution if he had applied for the bench warrant she earlier issued.

The prosecution said he had applied at the registry but he didn’t have it in court.

“I don’t think you are serious…I have endorsed your warrant but you have never come for it,” she said.

The prosecution also told the court that they had filed a counter affidavit to the motion of the first defendant.

The judge then adjourned till 6th of May.

The charges against the defendants partly reads: “FHC/ABJ/CR/21/2019, Dikko is named with two others – a former Assistant Comptroller-General of Customs in charge of Finance, Administration and Technical Services, Garba Makarfi and Umar Hussaini, a lawyer and owner of Capital Law firm – as defendants.

“Dikko, Makarfi and Hussaini are, among others, accused of inducing the Managing Director of Cambial Limited, Yemi Obadeyi, to pay N1.1 billion (N1,100, 952,380.96) into the account of Capital Law Office as a refundable “completion security deposit” for the purchase of 120 units of duplexes as residential accommodation for officers of the Nigeria Customs Service.

“Hussaini was said to have distributed the money into various other bank accounts and for his part in the deal, he was rewarded with the sum of $3 million.”