The commencement of hearing on alleged misappropriation of funds by former Plateau state governor, Senator Jonah Jang and one Yusuf Pam was on Tuesday stalled by the inability of the Economic and Financial Crimes Commission (EFCC) to present its witnesses in court, citing insecurity in the state.
Hearing was billed to commence today, where the anti-graft agency was to produce its witnesses, but it could not.
Counsel to EFCC, Henry Ejiga said the security situation in the state could not allow the agency to produce its witnesses.
He maintained that there are instances when witnesses were gunned down, “so my Lord should take the matter of security serious.
Ejiga said, “We also want my Lord to understand that this is not a tactics to delay our prosecution.
“But for the respect for this court, we found it important to come; that’s the reason our lead Counsel, Rotimi Jacobs (SAN) is not in court.
“We urge my Lord for an adjournment”.
Responding, Counsel to the accused, Robert Clarke SAN accompanied by Mike Ozekhome SAN, said, “Criminal trials are enjoined by the law to be speedy, because the accused is presumed innocent until proven guilty.
“My Lord, justice delayed is justice denied.
“We are surprise that the reason being given is because of the security situation in the state.
“If people like us can come from Lagos, and work into Jos freely, it is sad for EFCC to use security as an excuse”, he lamented.
“EFCC have arms and ammunition, it is a shame for EFCC a custodian of security to be afraid to come.
“Haven arraigned us, why are the witnesses being held in EFCC custody?” the defence counsel asked.
According to Clarke, over the years, judges are blamed for delaying court cases, “I had to come on air to debunk such claims a few months,” stressing that “Counsels are culpable, and here is an example.
“However, Government is a powerful institution, that’s why I reluctantly agree for adjournment.
“We should have an affirmation that the next adjournment given should not be jettisoned”, he stressed.
In his ruling, Justice Daniel Longji said as sword of the law, the law will always take its course.
Longji acknowledged that security matter is important, but EFCC should not use that to prolong the matter.
“Are all your witnesses in your custody?” he asked.
Counsel to EFCC responded by saying no.
Then the Judge said, “you should have brought the others”.
“Under section 165, if you are not ready, the case should be struck out.”
Justice Longji then adjourned the matter to October 30th, 31st and 1st November, 2018, for definite hearing.
It would be recalled that the EFCC had on Monday May 7, 2017, preferred a 12-count fraud charge against the immediate past governor of the state and Senator representing Plateau North, Jonah Jang, for alleged misappropriation of over N6.3billion two months to the end of his tenure as governor in 2015.
According to the charges, Jang, allegedly embezzled some special funds released to the state by the Central Bank of Nigeria, CBN.
In one of the counts, the former governor, among other things, allegedly pocketed N2 billion released by the CBN for disbursement to small and medium enterprises in the state under the Micro, Small and Medium Enterprises Development Funds, MSMEDF, just a month before the expiration of his tenure in April 2015.
Jang is also said to have abused his office as governor by collecting money to the tune of N4.3 billion from the state coffers through the cashier in the Office of the Secretary to the State Government, Mr. Yusuf Pam.
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