Court orders Anosike, others to appear over alleged Daily Times theft

MOVES by the Managing Director of Folio Communications Ltd, Fidelis Anosike and his brother, Noel, their company (Folio) and two others facing a 21-count charge of stealing over N3 billion worth of property belonging to the Daily Times of Nigeria (DTN) to have the charge dropped have suffered a hitch.

This is because a Federal High Court in Lagos yesterday ordered them to appear before it on April 11, 2011, to answer the criminal conspiracy charge preferred against them by the Federal Government.

Justice Patricia Ajoku gave the order following the absence of the accused in court yesterday after several adjournments.

The judge, who was angered by the absence of the accused and the application by their counsel, Norris Quakers, for the court to uphold an order quashing the charges allegedly secured by the accused from another judge, Justice Charles Archibong, while the matter was still pending, directed the prosecution to ensure the presence of the accused for arraignment at the next adjourned date.

According to the judge, the order was not before her and the court would continue with the arraignment of the accused persons.

Earlier, Quakers had informed the court of the order arising from an application of fundamental rights, as well as the presence of a sworn affidavit deposing to the facts of what happened in court when the order was secured.

He had urged the court to uphold the order quashing the charge as there was no more charge before the court having been quashed by Justice Archibong and that the only option left for the prosecution was to proceed to the Court of Appeal.

But the Attorney General of the Federation (AGF) and Minister of Justice, Mr. Mohammed Adoke (SAN), represented by Mr. Akin Akintinwe, objected to the application on the grounds that the order was not binding on the court since no Federal High Court has appellate powers over another.

According to him, the prosecution has taken steps to set aside the said order because it was unconstitutional and strange to law.

He also told the court that since the accused persons had been evading service, the prosecution has filed an application for substituted service.

But Justice Ajoku in her ruling, declined to make an order of arrest for the accused on the grounds that they were not yet before the court.

He advised the prosecution to utilise the retinue of security agents within its control to compel the accused to attend to the court and subsequently adjourned till April 11 for their arraignment.

Justice Ajoku had previously refused to grant Adoke’s request to withdraw the charges against the accused persons slammed with a 21-count charge of stealing over N3 billion worth of property belonging to the foremost newspaper under controversial circumstances.

The refusal led to the AGF’s resumption of the trial of the accused persons, which the prosecution said, was necessitated by the conclusion of investigations by the Police and the Economic and Financial Crimes Commission (EFCC).

The accused had also through their counsel denied being served with the charge, a situation that had stalled their arraignment since last year when they were charged to court.

But three weeks ago, the accused secured an order from Justice Archibong quashing the criminal charges filed against them.

The judge in the order ruled that the AGF could, if he decides, arraign the applicants expeditiously without the unreasonable and unconscionable delay related to the quashed charge.

According to the charge sheet signed by E.K. Ugwu, an Assistant Chief State Counsel on behalf of the AGF, the Anosikes and their Folio Communications, were said to have sometime in June 2004 conspired among themselves to obtain about 140,252,900 shares units, which comprised about 56 per cent out of the total of 233,754,840 shares of Daily Times of Nigeria Plc valued at the sum of N750 million acquired from the Bureau of Public Enterprises (BPE) by false pretence and with representation of possessing the means to pay for the acquisition of same with fresh funds, which they did not possess but with intent to defraud the Federal Government.

They were alleged to have acquired the said shares from BPE by mortgaging the assets and selling off property of Daily Times of Nigeria Plc to realise the acquisition of the said shares.