Alleged N352 Fraud:  Absence Of Prosecution Counsel Stalls Dr Sunday Etukudoh’s & 4 Ors Re-Arraignment After 8 Years Repeated Trials

Yakubu Busari

Plateau State High Court sitting in Jos, Division has resumed the trial of Provost of Federal School of Medical Laboratory Science Technology (FSMLST) Jos, Dr. Sunday Etukudoh, & 4 ors was stalled due to the absence of prosecution counsel.

The Chief Judge, Honourable Justice David Mann reassigned the file to Justice S.P.Gang for fresh arraignment to start the prosecution process.

However, at least no fewer than 4 judges of the state High Court have been sitting and retiring on the suit and no concrete reasons are given to the complainants who petitioned the provost for shady deals.

“You would recall, the EFCC arraigned Dr Sunday Etukudoh before Retired Hon.Justice Daniel  Longji in 2016 for alleged misappropriation of public funds belonging to FSMLST and the judge went on retirement when the matter was reassigned to Justice Christine Dabup, also retired in 2021 “.

The alleged fraudulent activities of Dr. Sunday Etukudoh since 2021 have suffered setbacks after a series of reassignments to judges due to constant delays and intricacies it.

The matter was heard on July 16, 2021, and adjourned to the 7,8 & 9 December, 2021, for continuation of hearing, over an alleged misappropriation of N352 million, by Dr. Etukudoh and four others accused by the Economic and Financial Crimes Commission (EFCC).

However, the prosecution counsel, Samuel Okeleke, was not in court, citing ill health as the reason for his absence then were the flimsy reasons.

FRN v. Dr. Etukudoh & others today.”  But defences for Dayo Adedeji Esq, Aliyu Sangei, Dawang Esq, for the 1st, 2nd and 3rd accused, took exception to the prosecution counsel’s choice of communication, saying that though issue of ill health must always be taken with a high degree of consideration.

Justice Christine Dabup, adjourned the matter to March 2022. trial December 8, 2021 stop proceedings

The Economic and Financial Crimes Commission, EFCC, arraigned top officials of FSMLT on May 13, 2016  arraigned together with the Provost, and 4 others over N359 m fraud since Dr. Sunday Etukudoh has remained the authentic provost with petitions hanging.

The were arraigned before Justice Y. G. Dakwak of the Plateau State High Court sitting in Jos on a 15-count charge bordering on conspiracy and diversion of funds to the tune of N359 million.

 The accused persons are Dr. Nkereuwem Sunday Etukudo, Provost, Yusuf Samuel, Accountant, Ernest Demtoe, Secretary of Tenders Board, Goodluck Echewa and Esio Udoh, both contractors of FSMLT. 

The arraignment, however, was stalled after the 1st, 2nd, 3rd and 4th defendants had pleaded not guilty to count one of the charges.  N. D. Gwaisu, counsel to the fifth accused person (Udoh) raised an objection, saying that since his client, who is a contractor, was never employed by FSMLT, “there was no offence linking him to the charges of misappropriation of funds.”

According to , “Count 1 deals with criminal conspiracy and misappropriation, as it relates to the accused. The defendant is accused under Section 96 (1a), which is punishable under Section 97 of the Penal Code.

The reassigned to a fresh judge ,Honourable Justice ,S.P.Gang who now adjourned for indefinite re arraigned at Court No 4 new complex of the Plateau State High Court.

The Counsel to the complainant, Barr.Ramiah Ikhanaede said they were not aware that the matter was fixed for the arraignment of the suspects but the defense counsel had already sought for an indefinite date.

However, counsel to the first defendant, Uche represented Solomon Umoh , SAN, and Barr. Aliyu Sangei to 5th appearing to 7&9 conditionally and S.S.Obende the 4th defendant entering defense to the 6th  when the case was adjourned on 26th Day of January, 2024.

Meanwhile, the whole of 2023 was a wasted year without hearing on the suit after a series of adjournments on 25th April 2023 and 8th June 2023 respectively.