Judge Berates Counsel for Lack of Diligent Prosecution of Case

Wale Igbintade

Justice Oluremi Omowunmi Oguntoyinbo of the Federal High Court in Abeokuta has fixed the trial of a firm, Bazad Trust Resources Limited and two others, Iwuagwu Onyinyechi Ann and Oyefolu Olusola for June 7, 2022.

The judge however, berated the prosecuting counsel, Mr. Adeyemi Olukoya, for lack of diligent prosecution.

 She told Olukoya to make his mind whether he wants to be a lawyer or he wants to be a policeman.

The trio were arraigned by the Nigerian Police on offences bordering on conspiracy and advance fee fraud.

According to the charge sheet, the trio were alleged to have conspired among themselves to defraud Magnetic Investment Association (MIA) represented by one Jonathan Umurhohwo of over N100 million under false pretense.

The offences are contrary to Section 8 (a) of the Advance Fee fraud and other related matter offences Act Laws of the federation of Nigeria, 2006, Section 1 (1) (c) and punishable under section1 (3) of the Advance Fee fraud and other related matter offences Act Laws of the federation of Nigeria, 2006 and Sections 467 and 516 of the Criminal Code Act Cap C38, Laws of the Federation of Nigeria, 2004.

When the came came up on May 23, 2022,  Justice Oguntoyinbo who was not happy with where the case is since it was filed, warned the prosecuting counsel to be serious with matter.

She said being a prosecutor and a police officer cannot work or go together.

Olukoya, it would be recalled, had filed a charge to prosecute the trio on February 28, 2022, but came to court on March 1, 2022 only to fail to mention the amended charge.

 On May 23, 2022, the counsel suddenly remembered his amended charge and insisted that he was ready to go on when he knew that there is no legal representation for the 1st and 2nd defendants. 

He said if there was no legal representation for the 1st and 2nd defendants he can go on. 

The 2019 matter has suffered several adjournments on the part of the prosecution. 

Angered by the plot to delay the case, Justice Oguntoyinbo said the court finds it difficult to appreciate and tolerate mediocrity and does not suffer the pedestrian habit of counsel gladly because quarterly returns are sent to the National Judicial Council (NJC).

She added that the court must file returns to show how it has perfectly every quarter. 

The judge stressed that it was important that the trial be concluded as quickly as possible. 

Justice Oguntoyinbo warned that since the case is a criminal matter, the court should not be painted as undiligent when in fact, it is working hard.

“February 2019-till date 23rd May 2022 comprises of almost 14 quarters which in effect means that there have been at least 13 quarterly returns to the NJC listing this matter as Part Heard.   

“This is a criminal matter. The court should not be painted as undiligent when it is working hard and counsel are trying to sabotage the progress of this criminal proceedings,” Justice Oguntoyinbo said.