Defendants Counsel Urges Court To Strikes Out Charges Against Goje, Two Orders For Lack Of Merits
Yakubu Busari
A Federal High Court sitting in Jos, the Plateau state Capital between Federal Republic of Nigeria Vs ,Senator Danjuma Goje and two others have adopted their final written addresses and filed a fresh motion seeking the court to strike out the suit filed against them on lack of proof of evidence against the 21 charges for misappropriation of public fund and money laundering .
Barr. Paul Ekoroko (SAN) has said ,they have a fresh motion seeking for extension of time to file a written addressed .The defendants reply to earlier written addressed by the prosecution counsel ,Barr. Wahab Shittu on the notice of expression attached with affidavits.
The prosecution counsel didn’t object to the application dated 14th September, 2018 and filed on the 24 January, 2019 where the defendant counsel in reply adopted the statement as a point of law .
According to Paul Erokoro ,the count 1 which is border on forgery failed the following reasons ,One for the single facts no witness disclosed to this honourable court that the first accused person (defendant) forged any document its was alleged.
Second, there was no proof of forgeries because the hand writing experts who are forensic expert didn’t tell the court how and why the can’t concludes the documents was forged, they merely came to conclusion.
The third ,actually document that alleged forged was not tender among the supine of evidence 167 B of the evidence act .He argued that the complainant ,EFCC failed to produce original documents for their claim for the court to see and certified but rather photocopied were made available to the court without the original documents.
It was gathered that the, witnesses keep telling this honourable court that the prosecution counsel is in position of original documents.
SAN, Paul Erokoro urged the court to strike out the case for lack of merit base on count 2 to 21, this is a point that was not arrange in the proceedings of the sitting of 4th, April of 2014 .5th April, 2014 and 10th July, 2014 with the documents mark exhibit ,A,C which we have front loaded in the proof of evidence volume 1.
He explained further that in a letter dated 17-10-2011 that this was written by secretary to the Government of Gombe state to the Chairman of EFCC GD/SD/B20 /116 that letter was a reply to EFCC requesting for comprehensive list of all projects ,performance by the former Governor of Gombe state during his tenure as the first defendant in Exhibit G.
Erokoro said the PW1 told the court that the documents was with the prosecution counsel and has since been certified but after the next adjourned day ,Barr Shittu refuses they are yet to get exhibits A,B and C .
The documents count 2,3,13,14,20to 21 the first defendant was accused of not embarking on the projects ,all the documents were hide and lies to court that is the summarized statement of the PW1 ,in case of Kalu Vs FIRS law 9 court of appeal ,money laundering said a criminal to taken to concealed all ill gotten money .
Defense counsel said the court held other crime committed in the process of conceal ,there most predicate offend . thou the extra Judicial things most be expound the exhibits were dumped in court because all witness rested that no proof of evidence has presented against the defendants .
Meanwhile, responding to defendants argument ,Barr. Wahab Shittu said in motion of expertise dated 23rd November, 2018 filed on the 27th November, 2018 which contain 308 pages and was replied on point of law .
We stage no case submission ,the accused started on no case submission is a minimal evidence this is not the time the court should consider the credibility of the witnesses .This is to only evaluate evidence contrary to what the defendant counsel argued to determining the proof and he cited case Dura Vs state .if the one found guilty what the court need to see is whether something has been produce by the prosecution counsel at the expression of opinion at point .
Shittu listed evidence that link defendants to the crime committed as he also admitted 21 counts design into evidence that bus already late because the counts connected to the charges read before these accused persons.
However, after careful argument ,Justice Musa Kurya has adjourned the matter to 22nd March, 2019 for ruling whether stroke out the case or allow matter to continue .
The suit investigation started sometime in 2006 but full hearing into its commenced on 2011 .
