The Economic and Financial Crimes Commission, on Wednesday, prayed a Federal High Court, Abuja, for an order to amend criminal charge filed against a former Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Andrew Yakubu.
The EFCC in the application, wants the court’s nod to amend the charge file against Yakubu.
At a resumed trial, the prosecution counsel, Halima Shehu told the court that the prosecution was desirous of amending the charge dated March 8, and filed on March 10, 2021.
“The application is brought pursuant to Section 216(1) and (2) of the Administration of Criminal Justice Act, 2015.
“We humbly apply for the application to be granted for us to amend the charge” the EFCC lawyer stated.
The prosecution counsel said she tried serving the amended charge on the defendant (Yakubu) through his counsel, A.A Usman, but he refused service.
Recall, the Court of Appeal, Abuja Division, had on April 24, 2020, unanimously made an order guiding further proceedings in the criminal trial.
The appellate court had in its judgment on appeal by Yakubu, ordered the appellant to go back to the trial court and enter defence in respect of counts 3 and 4 of the charge.
Responding, Yakubu’s lawyer, Usman admitted before the court that he refused service of the application to amend the charge.
“I do confirm that we refused service of what has been described as an amended charge this morning. We did so with reasons” Usman stated.
Usman posited that the April 24, 2020, judgment of the Court of Appeal Abuja, had provided guide on the trial.
“The case was remitted back to the trial court for the appellant (Yakubu) to enter defence in respect of counts 3 and 4 of the charge, and not counts 3 and 4 of an amended charge” Yakubu’s lawyer argued.
In addition, Usman submitted that the court and parties in the matter are “bound to give effect to the order of the Court of Appeal which is extant.”
He told the court that the purpose of the amended charge was “to undermine” the appeal before the Supreme Court in respect of the matter.
Yakubu’s lawyer insisted that the proposed application by the EFCC counsel “is a deliberate attempt to delay proceedings in this trial.
Therefore, “I urge the court to refuse the proposed amendment and direct that the defendant who had finished testifying in chief and is being cross examined be directed to enter the witness box to continue his evidence. The amendment is pre-judicial to say the least” Usman declared.
However, responding the EFCC counsel, Shehu told the court that Yakubu’s counsel was engaged in speculation.
“My Lord, my colleague cannot speculate about an amended charge before the court, which he has confirmed to the court that he refused service.
“Therefore, he cannot turn around and object to an application he has not sighted.”
She told the court that the appellate court did not make any further order that would make the prosecution not to amend the charge.
“Rather, the Court of Appeal ordered the defendant to enter defence on counts 3 and 4.
“We humbly urge the court to grant our application to amend the charge” the EFCC lawyer pleaded.
Having taking arguments from both counsel, trial judge, Justice Ahmed Mohammed reserved ruling for April 15, and for continuation of trial.
Yakubu was arraigned before Justice Mohammed on March 16, 2017 on a six-count charge of fraud having admitted owning over $9.8 million cash found in a house that is linked to him in Kaduna state.
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