Judge ignores colleague in Daily Times’ assets case

The odd added to the case instituted against some purported directors of the defunct Daily Times of Nigeria Plc persisted last week as Justice Pat Ajoku of the Federal High Court, Lagos shove aside an order by her brother judge, Justice Charles Achibong and proceeded to entertain a charge supposedly quashed by the latter judge.

The accused persons – Fidelis Anosike; his brother, Noel, their associates: Nicholas Okoye and Gogo Kurubo and their company, Folio Communications Limited – had consistently failed to appear in court to answer to a 21-count charge filed against them by the Federal Government.

They have hinged their refusal to attend court on the ground that they had not been served with the charge, but have continuously had legal representation at every adjournment since the charge was filed in July last year.

Justice Achibong stunned all when on March 8, in a judgment on a fundamental rights enforcement suit filed by the accused persons against the prosecution in the criminal case, the Attorney General of the Federation (AGF),Mr. Mohammed Adoke (SAN, quashed the charge pending before Justice Ajoku.

Following claim by lawyers to the accused persons, Messrs Olisa Agbakoba (SAN) and Norrison Quakers (also from Agbakoba’s chambers), that their clients refused to attend court because they were not served with the charge, Justice Ajoku on February 21 set aside the earlier service and ordered fresh service of court’s documents on the accused. She fixed March 24 for their definite arraignment.

Rather than wait to be served with the charge, the accused persons, represented by Quakers, filed the fundamental right suit on March 3. They complained in the said suit, of being unduly persecuted, claiming that the charge was not served on them, but that they only read about it in the media.

Justice Achibong heard the suit, in the absence of the sole defendant, the AGF, on March 8. He upheld Quaker’s arguments and gave the judgment in which he among others, quashed the charge.

On March 24, Justice Ajoku ignored Quaker’s allusion to the said judgment by Justice Achibong and proceeded to entertain arguments on the charge purportedly quashed by her brother judge.

During the day’s proceedings, Quakers drew the judge’s attention to Justice Archibong order and urged her to uphold her brother judge’s decision, striking out the charge.

Prosecuting lawyer, Akin Akintewe, who confirmed the existence of the said decision by Justice Achibong, said he had filed a motion, asking the judge to set aside his order on the ground that it he acted unconstitutionally because the order was given without jurisdiction.

He said the accused persons ought to have appealed Justice Ajoku’s February 21 decision to proceed with the case, rather than approaching another judge of equal jurisdiction to obtain an order in a charge sheet that is before the same court.

Akintewe, who is an Assistant Director in the Office of the Federal Attorney-General, informed the court that the accused persons have made it impossible for the prosecution to serve them with the charge. He said they have persisted in evading service.

Ruling, Justice Ajoku brushed aside Quaker’s reference to the said Justice Achibong’s decsision. She said the day’s business was for the arraignment of the accused based on the pending charge.

She, however, acknowledged the prosecution’s inability to serve the accused with the charge and advised them to utilise existing apparatuses of the state to ensure the accused persons appear in court to answer to the charge.

“I have considered the submission of counsel and I can only state that the matter is for arraignment. Having not been served, this matter is adjourned to April 19 for arraignment,” she held.

The Anosike brothers and others are charged with complicity in the looting of the defunct Daily Times’ assets estimated at N3billion.