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DASUKIGATE : Ashinze’s trial resumes after EFCC retracts statement
The trial of Nicholas Ashinze, an aide to the former National Security Adviser (NSA) before Justice Gabriel Kolawole of the Federal High Court Abuja, has resumed after the falsified publication by the Economic and Financial Crime Commission (EFCC) was retracted.
The court had earlier ordered the EFCC to retract an offensive press statement issued by Wilson Uwujaren, Head of Media and Publicity in the EFCC which was published in Vanguard Newspaper, in which Ashinze was referred to as a retired officer and was never charged by EFCC for any offence on diversion and misappropriation of a whopping sum of N36billion.
Ashinze is standing trial alongside, Wolfgang Reinl, Edidiong Idiong and Sagir Mohammed, Geonel Integrated Services Limited, Unity Continental Nigeria Limited, Helpline Organisation, Vibrant Resource Limited and Sologic Integrated Service Limited on a 13-count charge of money laundering.
At the resumption of trial, the prosecuting counsel, Ofem Uket, informed the court that the said statement which was misreported had been retracted and published on This Day Newspaper dated April 12, 2017.
Ernest Nwoye, Afam Osigwe and Chukwudili Anozie, counsel to Reinl, Idiong and Mohammed (1st, 2nd and 3rd defendants) respectively however objected to he admissibility of the retracted report.
In their objection, they stated that the EFCC did not follow the order of the court in retracting the statement, rather they apologized which was against the order of the court.
However, counsel to Mohammed, Mr O. Jimoh, opposed the argument of his co-defence counsels on the admissibility of the retracted publication, stating that justice had already been done.
Counsel to Vanguard I.F. Chude, who was present in court apologized unbehalf of Vanguard Newspaper over the invalidity of the report on Col. Ashinze.
Chude informed the court that the Editor-in- chief of Vanguard was not aware of the court summon but was able to come with the reporter who covered the court proceedings.
The judicial correspondent of vanguard, Ikechukwu Nnochiri apologized to court for the misleading report stating that it was predicated on press release from the EFCC.
Justice Kolawole in a short ruling said that he was satisfied with the retraction made by the EFCC in respect to the March 21 the order.
The judge also held that court is satisfied with the explanation and apology by Mr Nnochiri and he is hereby “discharge and acquitted” and the order of the court to summon him is hereby revoked.
An EFCC investigator Hassan Seidu, who is a witness in the on going trial continued his testimony on how the defendants got N5.6billion from Office of National Security Adviser (ONSA).
Seidu said in the course of their investigation the EFCC requested from Corporate Affairs Commission (CAC) a certified true copy of registration of six companies which was sent and forwarded through the executive chairman of EFCC.
The defence team opposed to the admissibility of the document stating they are not reliable after the prosecution prayed the court to admit the documents in evidence.
In their arguments, the defence said there is no evidence of payment of the prescribed fees as approved by the honourable minister of trade.
More so the said documents has no name and signature of certifier, hence, the document failed to meet the provision of sec 379 sub1 of Administration of Crimal Justice Act(ACJA) of 2015.
The counsels however urged the court to take judicial notice as no prove of payment were made in relation to the documents and asked the court to “consigne the document to the dustbin”.
The prosecution while addressing the court withdrew the document and promised he will do the needful in certifying the documents.
The judge adjourned the matter to June 12, 20, July 5 and 11, 2017 for continuation of trial.
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