Justice James Omotosho of the Federal High Court in Abuja on Monday, threatened to send back case-file of the Economic and Financial Crimes Commission (EFCC) in the charge against the Chief of Staff (CoS) to the Kogi state government, Ali Bello to the Chief Judge of the court, Justice John Tsoho, for reassignment to another Judge.
Omotosho disclosed this after a complaint by Bello’s counsel, Abubakar Aliyu, SAN, accusing the EFCC of publishing untrue accounts of what transpired in court on the last adjourned date on its website against his client.
The anti-graft agency, in its 10-count charge marked: FHC/ABJ/CR/550/2022 filed in 2022, accused Bello and Dauda Sulaiman of fraud and alleged diversion of funds from the coffers of the Kogi State Government.
Aliyu had told the court that, EFCC is subjecting his client (Bello) to mob justice by making publications that were allegedly untrue, alleging also that the publication, which was on EFCC’s website, was distributed to other social media.
Aliyu said, “They (EFCC) said the 1st defendant made a payment of the house at Ikogosi Close in Maitama District and after it discovered that the house was under investigation by EFCC, he now returned the document back”, adding that, Bello told him that he did not buy the property contrary to the allegation.
The lawyer, who gave a copy of the print out of the publication to the court, also said that a copy of the printout had already been served on the commission’s counsel.
Responding after he went through the copy of the publication, EFCC’s lawyer, Abbas Muhammed said he cannot verify the authenticity of the publication at the moment.
“I have seen the publication. At this point my lord, I cannot verify. I will have to verify with the media team,” he told the court, and the trial Judge gave him the go-ahead to verify and report back to the court in the next adjourned date.
The Judge said, “I want to say this, on the reportage of this proceedings. I won’t take it if it continues this way. I am going to take all your files and send back to the Chief Judge for reassignment. It is not only against the defendant but against the court,” the Judge said.
Justice Omotosho said writing fictitious stories about court proceedings might make the public lose confidence in the court adding that, such action borders on the integrity of the court.
“Now that this report is online, and if I now hold otherwise, how will the society sees it? You create wrong impression in the society. I can’t be put in the public for analysis on what happens in court. You have to go and report back. This is annoying,” the Judge said.
Justice Omotosho, who acknowledged the presence of accredited journalists in court, emphasised on the need for accurate reportage of what transpired in court.
He likened it to the case of Rivers matter where some social media users attacked the court for its judgment which ruled in favour of Martins Amaewhule-led lawmakers after Gov. Siminalayi Fubara voluntarily withdrew his counter affidavit in the suit.
“I have had so much from social media. The day the Rivers matter was heard and the counsel applied to withdraw their application, I stood the matter down for one hour and 30 minutes to give the counsel the opportunity to consult, before he finally withdrew their counter affidavit,” he said.
Justice Omotosho said it was however a different arguments on social media as some were saying that the Judge did not consider the application filed by Fubara in arriving at the decision, an action he said, affects the integrity of the system.
Earlier upon resumed trial on Monday, EFCC’s lawyer, Muhammed led the 11th prosecution witness (PW11), Segun Adeleke in evidence.
PW11, who is the General Manager of EFAB Properties Ltd told the court that, his schedule of duty include recruitment, discipline, dismissal and more importantly, heading the team that concludes purchases of houses in the office.
Justice Omotosho adjourned till May 7 for continuation of trial.