EFCC was unable to Charge Dr. Etukuduh and five other individuals due to noncompliance with the court's order for more than two Years

EFCC was unable to Charge Dr. Etukuduh and five other individuals due to noncompliance with the court's order for more than two years  

By:

Walbe Orgak

Dr Sunday O. is facing prosecution by the Economic and Financial Crime Commission
(EFCC), The case between the Federal Republic of Nigeria (FRN) and Dr. Sunday O. Etukuduh, Provost Federal College of Medical Laboratory Science Technology (FSMLST) Jos, and 5 others has suffered yet another adjournment.

The case for arraignment has taken almost two years and has suffered over three adjournments as a result of the prosecution counsel for the EFCC not complying with the court order to serve the defendants with all the processes, including the amendment charge.

During submission on Tuesday, the counsel for Sunday Etukuduh the 1st defendant, Barr, Uche Mgbemena explained to the court that the prosecution counsel's failure to serve the necessary processes would prevent the case from being held on July 5th, 2022 for arraignment. The matter was adjourned until February 14th, 2023 due to lack of adequate service.

The Prosecution also failed to serve the processes on the defendants and the matter again, adjourned until 25th April 2023.

Counsel said that on the adjourned date, the Prosecution Counsel still failed to file the amended charges and also failed to serve the additional proof of evidence against the defendants.

Counsel added, "I want my Lord to take judicial notice of the subsequent adjournment by the Prosecution despite the ruling of my Lord on three occasions and ordered that the prosecution serve the amended charge and proof of evidence before the adjourned date"

 

He further bemoaned that the case which is for arraignment has taken that long and suffered a series of adjournments simply because the prosecution counsel did not comply with the court order.

Counsel further told the court that three of the five defendants were not living in Jos, explaining that the 2nd defendants live in Port-Harcourt, while the 3rd and 4th defendants live in Abia state, and Lagos states respectively.

Counsel decried the rigor, the stress they went through and the risk involved under the current economic hardships leading to increases in transport fares and others.

He said the defendants have been traumatized on account of a series adjournments and urged the court to adjourn the matter for definite arraignment or the matter be dismissed as the matter has been on for eight years.

The prosecution has delayed everything that has happened since the case began in 2015, eight years ago. I urge my Lord to consider what the defendants have gone through financially, the trauma they have experienced, as well as the risks they took coming here due to the level of insecurity in the country.

 SS Obende, Counsel for the 3rd and 6th Defendants also submitted that the prosecution counsel did not comply with the order of the court even at the last adjourned date on 8th June, 2023 "because my Lord went for a national assignment which has given the prosecution counsel enough time to serve the defendants.

"My lord, this is Lukewarmness on the side of prosecution counsel. Again, today they are not in court, and only for the prosecution counsel to call the court clerk to inform him that he will not be available instead of informing the court earlier.

"My Lord, this is an abuse to this honorable court and such behaviors should not be accommodated" Counsel submitted.

The matter was adjourned until February 5th, 2023 for definite arraignment.

After the session, the Counsel for the 1st Defendant told journalists that the prosecutor was harassing the defendants instead of pursuing them.