Yakubu Busari
The Economic and Financial Crime Commission, EFCC, trial of Dr. Sunday Etukudoh and Ernest Domtoe has resumed before Justice S.P.Gang who has granted the adjournment after hearing arguments from the defence and prosecution on whether proceedings should continue while an application was served yesterday 19th December, 2026 to the two defendants counsel ,Solomon Umoh ,SAN, and Mrs J.M.Okoye for second defendant.
The Plateau High Court also postponed the case management conference in the 1.2billions alleged trial Instituted sometimes in 2015 , following series of adjournment and denovo suffered from retirements of three juries .
Justice Gang granted the adjournment after hearing arguments from the defence and prosecution on whether proceedings should continue while an application filed at the Supreme Court remains pending.
Ernest Domtoe, Second defendant and Dr Sunday Etukudoh are standing trial over an alleged 1.2 billion contract payment released by the Federal Ministry of Health in connection with the proposed FSMLT projects for the college permanent site at Lamingo ,JUTH .
The prosecution contends the untimely part of EFCC delay but argued that under the Plateau State Administration of Criminal Justice law rule 2 order 3 there is no stipulated dateline for the prosecution counsel.
He disclosed that the rules of Criminal justice law of Plateau State were duly followed by the prosecution counsel because of the guidelines explained that it is only the defendant that is given 7 days to respond.
The prosecution counsel said, the provision of criminal rules of Plateau State under order 4 says not later than 30 days of service the court will give CMC the required approval after both accused persons have pleaded not guilty.
The case management conference had initially been scheduled for October 20th and was expected to prepare the ground for the defence stage of the trial after the prosecution closed its case.
Counsel for Etukudoh, Domtoe, told the court that their clients had invoked the supervisory jurisdiction of the Plateau State High Court rules 2 order 3 which was omitted by prosecutor and was seeking orders including certiorari and prohibition.
According to the prosecution, the High Court application is due for hearing in pursuant to 2018 order 2,3,4 of Plateau State administration of criminal justice law on October 20th , 2026, and continuing with the trial before then could affect the pending proceedings.
Umoh SAN, earlier request for the the court to dismissed the trial had been refused by the Plateau High Court , As the prosecution counsel told the court he had since filed his witness statement and service.
The defence consels also informed the court that two additional that the prosecution counsel omitted rules 2 ,ordered 3 subject to permission from the court.
Lawyer for Prof. Ameyaw-Akumfi, Yaw Acheampong Boafo, supported the application for the short adjournment.
The prosecution, told the court that it had filed the statement form to the first, second accused but had not yet been served with their counterclaims .
Although the prosecution indicated that it would have preferred the case management conference to continue, it left the decision to the court.
The Prosecution, however, drew attention to an earlier position of the High Court that the mere filing of an application at the Plateau State High Court does not automatically inflict pain or affect proceedings before this trial court.
The matter is now expected that they accused counsel’s return their forms to the High Court for schedule hearing fixed on the 8th Day. of 2026
