Money Laundering: Judge Flays Prison Official For Failing To Produce Maina In Court

The money laundering trial of the embattled former chairman of the defunct Pension Reform Task Team, Abdulrasheed Maina, and another other has been stood down by visiting judge, Okong Abang.

This followed arguments by respective lawyers to the prosecution and defendants as well as a disclosure made by an official of the Nigeria Correctional Service.

THE WHISTLER reported that on March 11, Maina brought his second witness, a retired Superintendent of Nigeria Prison, Emoakeneh Charles, to testify.

Charles had said that pensioners were missing Maina because of how he helped them access their pensions.

On Friday, the case was called up for the continuation of testimony by witness of the defence.

But counsel to the first and second defendants, Adaji Abel prayed the court to adjourn the case on the grounds that he was served the hearing notice on Friday.

“We were just served today. Our witness is not even within jurisdiction, we are humbly appealing for a very short date,” he said.

Upon the disclosure, the registrar confirmed to Abang that the court process was served on the Nigeria Correctional Service where Maina is in custody, not his lawyer.

Trial judge Abang frowned at the development, saying that the hearing notices should have been served on the prison official and the lawyer.

But Abang asked Maina’s counsel how he got to know about the case.

“How did you know about this matter?” he asked.

Abel replied: “My lord, my learned brother Anayo informed me this morning that the matter is slated for continuation of hearing this morning.

“I did not make enquiry as to how he got the information,” he said.

Turning to a prison warder who was meant to produce Maina, Abang asked why he was not in court.

The prison official said though he was served with hearing notice, Maina was outside the court and could not come in because of injuries on both of his knees.

He agreed with the judge that it was his duty to produce the defendant in court for continuation of the trial.

“My lord the defendant is here with us…he is in a car outside, but he has problem with his knee caps,” he said.

But Abang tackled the prison warder, saying that the hearing notice issued to the Nigeria Correctional Service was for them to produce Maina in court.

“The court has recorded that he is not sitting outside.

“I have marked the defendant absent because you did not do your job,” he added.

On his part, the prosecution counsel, Mohammed. S. Abubakar, condemned the behavior of the prison warder, adding that not producing Maina in court despite receiving the hearing notice was a violation of court.

He also objected to the application for adjournment but called for a stand down.

His words: ‘I oppose the application for adjournment made by defendant…despite the fact that record of court was not formally served but the presence and announcement of appearance by defense counsel is an admission against interest and that the matter can proceed.

“This is particularly considering the fact that the court came from outside jurisdiction to hear this matter, therefore efforts should be maximize the advantage of the presence of the court by making meaningful progress….

“Nevertheless, in view of the fact that the court has two other matters coming up this morning, and the fact that the surety has interlocutory application in which the defendant is not involved, I can proceed with a stand down in favor of the learned counsel of the first defendant.

“Regarding absence of first defendant in the court, despite acknowledgment by prison official of having recieved hearing notice by this court, it is my humble submission that the hearing notice served on the correctional service authorities to produce the defendant is an order that must be complied by all persons and authorities. It is a violation of the order of the court for them not to have produced the defendant in court.

“The earlier orders of the court for the continuation of the hearing of the matter in the absence of the defendant, while I condemn the failure of the correctional center service to produce the defendant in court…I still submit that the matter can proceed in his absence.”

Giving a bench ruling on their arguments, Abang said the prison warder had a role to play in the proceedings by bringing Maina to court.

He considered the prison official’s excuse on Maina’s health as a claim that is not binding on the court.

“This matter came up last on the March 11, 2021 when the defendant called his second defense witness.

“Before JUSUN strike , the Chief Judge transfered this court to Warri on March 26 … however, in a letter dated 12 July, the Chief Judge issued a fiat directing me to conclude this matter in Abuja division.

“Upon recieving the fiat, I called the Deputy Registrar to issue hearing notice to Correctional Service and Counsels.

“Official of the Correctional Service, Emmanuel Olu, stated that he received hearing notice to produce Maina.

“He also claimed that the defendant, though marked absent, is in the car parked outside and has a knee problem.

“I have to resolve that there is no medical certificate in court to explain the condition of the defendant and even if there is a medical certificate, it is only persuasive and not binding on the court.

“In any event, both the defendant and his counsel are aware of this proceedings, it is my view that they have themselves to be blamed.

“The application for adjournment is refused, not because I came all the way from Warri division, but because it will cause undue delay in this matter.

“Besides, this court ordered the matter to be heard in the absence of the defendant…

“Since, the prosecution has graciously called for a stand down, I hold the view that this matter is hereby stood down till I go through the list.”

Our correspondent observed that Maina was sitting inside the correctional service’s vehicle (Hilux) outside the court.